Can I Use My Earned Leaves During Notice Period or Are They at Risk of Lapsing?

Can somebody please reply to my query URGENTLY?

Query:

I resigned on 3 Sep 2010. I had 33 ELs in my account. So I mentioned in the resignation that I will avail these leaves during 6 Sep (Mon)-8 Oct (Fri) and then get relieved on 10 Oct. My employer (an NGO) says that I cannot avail the EL during the notice period. Hence, I need to be in the office till 2 Oct. They are neither encashing my leaves nor allowing me to avail this. What will happen to my ELs, which is my right? Our standing rules do not explicitly state that we cannot avail EL during the notice period. Please enlighten me. Is there any Govt of India rule that can prevent the lapsing of my ELs? Can I approach some authorities (like the Labour Court, etc.) for this grievance? My designation is Administrative Officer cum Senior Advisor.

Thanks.
AK

Can somebody suggest a solution URGENTLY?

I work as an Admin Officer cum Senior Advisor in an Indian NGO. I had 33 ELs in my account. I resigned recently, and in the resignation letter, I mentioned that I would be availing my 33 ELs before getting relieved (notice period is one month) on the next working day after the expiry of EL. The employer says that I cannot take leaves during the notice period and have to be in the office till the end of the notice period. Our standing rules do not explicitly state that no leave will be allowed in the notice period. The employer is, in effect, neither encashing nor allowing my ELs, which is probably my right. Is there any Government of India rule to prevent the lapsation of my ELs? Can I approach some government authority like the Labour Court, etc., for the matter? Please enlighten me URGENTLY. Thanks.
- AK

If EL is not adjusted in your Notice Period, it should be encashed/reimbursed. It is earned leave, and the NGO cannot forfeit.

Dear ashokpram,

I have merged both of your threads into one. Regarding your query, let me explain that an employee cannot claim leave as a matter of right, whether during the notice period or otherwise. However, in general, employers do not refuse leave during the notice period as they prefer a happy departure and also consider that there is no point in involving a departing employee in future plans and projects.

In this case, if your earned leave (EL) has been refused, then the NGO should include the encashed EL amount in your final settlement.

Warm regards.

Dear friends,

Thank you for your replies. Unfortunately, the employer is neither providing the EL nor encashing it. They seem to be harassing me as they did with some previous employees. Is there any authority whom I can approach for redressal?

Thanks.

Either avail EL or encash them. If the employer is not encashing, then you can approach the concerned labor inspector or DLC by filing an application under the Shop Act. Since yours is an NGO, it is governed by the Shop Act.

I am also in the same situation. I am working at an NGO registered under the Trust Act in Madurai, Tamil Nadu. I would like to know what laws govern this privilege leave. Kindly enlighten me.

Regards