Leave Rules and Notice Period
I would love to know if the organization has published "Leave Rules." Additionally, I would like to know if the organization has any specific provisions in this regard in their "Service Rules (if any) and Contract of Employment."
Assuming that no such provisions exist, I will proceed to answer your query.
1. First, no leave is a right to be enjoyed whenever the employee wishes! Leave is a privilege and can be used depending upon the exigencies of work. Whether there is a positive leave balance or not is an irrelevant issue.
2. There is no harm if casual leave (CL) is granted to an employee who is serving the notice period. After all, the organization has granted the entitlement for utilization during the tenure of employment. However, if it cannot be granted for legitimate reasons, that would also be acceptable, although the employee may have a grievance about it.
3. Some organizations grant annual entitlement but limit the maximum during each quarter. In such cases, the employee will be able to claim only what is due up to that quarter. Some organizations permit the encashment of all types of leaves at the time of separation for any reason whatsoever.
The standards of reasonableness prompt a question, "Why not grant it?" Are the heavens going to fall if such leave during the notice period is granted? Oftentimes, we tend to act "penny wise, pound foolish."
I recommend that this issue be treated as a "C" class issue and resolved accordingly. As HR, we have better things to do than getting entangled in such issues!
These personal and professional views emanate from my convictions, experience, and commitment to the profession. You are free to reject them!
Regards,
Samvedan
December 17, 2010