Notice Period Dilemma: Should I Be Paid for 10 or 11 Days of Leave?

I am getting leave one day per month, now I'm in notice period. I have 10 days leave balance. Since I'm in notice period, company is not calculating current month of leave. They are ready to pay only for 10 days not for 11 days…
Should I get 10 days pay r 11 days pay?
Delsins

If you are on notice period but your total working days are 20 this month, you would take 11 days of leave.

Leave Entitlement During Notice Period

As per Section 79, Clause 1 and 1(i) of the Factories Act, 1948, if an employee has worked for a period of 240 days or more in a factory, they shall be allowed leave with wages. In the case of an adult, leave will be calculated at the rate of one day for every twenty days of work performed. There is no direct nexus between the notice period and leave falling in the employee's bucket. According to me, you are entitled to 1 day's leave if you have worked more than 20 days in a month during the notice period. (In your case, the total leave will become 11 days.)

The basic purpose of the notice period (for the employer) is to provide the organization with enough time to find a replacement, and the employee serving the notice period can train the replacement for that particular position. The notice period does not give rights to management to discriminate against employees and arbitrarily make policies that are against the basic rights of employees.

Organizations should not indulge in such practices. It's not only illegal and unethical, but it can lead to a culture where employees leave the organization without serving the notice period, and it can also hamper the organization's image. This will have a more devastating effect on the organization in the long run, and I think no management wants this.

For more information: White Eagle: Leave Balance Issue

Eligibility for Leave During Notice Period

If you have joined your organization during the first fifteen days of the calendar month, i.e., from the 1st to the 15th (both days inclusive), you are eligible to get a day's leave for that particular month, as per general leave rules. This policy is accepted and agreed upon by the labor department as well.

Had you joined from the 16th to the end of the calendar month, i.e., the second fortnight, you are not eligible for a day's leave for that particular month. Similarly, if you resigned from the 1st to the 15th of a calendar month, you are not eligible for a day's leave for that month.

It should be the ethics of every organization that when an employee decides to leave, the HR team should show generosity to a certain extent in relieving the employee with good gestures. The goal is to ensure that the employee does not leave the organization with bitterness and grievances. This practice, however, is not mandated by labor laws.

Please proceed with the above calculations.

Best wishes