Notice Period Leaves: Can You Take or Compensate Them? Seeking Clarification from Seniors

Dear Seniors, Kindly clarify which leaves are applicable during the notice period. Also, please specify the types of leave that can be compensated during the notice period. Thank you.

It is not just sick leave; any leave during the notice period can be compensated. We cannot prevent anyone from utilizing his/her leave.

I do not agree with this, as there is no sense in waiving the notice period. The notice period is in place so that we can find a replacement, and the departing staff can train their successor during this time. Personally, I believe that only sick leave and emergency leaves should be permitted during the notice period.

Paid leave, sick leave, and casual leave (CL) can be taken during the notice period; however, only after approval. It is advisable not to take paid leave as it can be adjusted against the notice period and can be encashed, whereas the other leaves cannot be.

Regards

Notice Period is for the employer to find the suitable person to handle the job. It has nothing to do with training the new employee; that is the headache of the organization. During the notice period, the employee is entitled to take all the leaves they are entitled to, except for earned leave. Earned leave cannot be adjusted against the notice period.

Dear Balaji,

Legally, we cannot hold anyone to avail their leave during the Notice Period. However, one can be stopped by adding the following paragraph in the appointment letter:

"In the event of resignation after confirmation, you will have to serve the full notice period to facilitate a smooth transition. The notice period cannot be adjusted for unavailed leave. In exceptional circumstances only, and with the specific approval of the competent authority or their nominee, one may be permitted to pay the company an amount equivalent to the gross salary in lieu of notice. Failing which, the resignation will not be accepted, and the same will be treated as abandonment of service."

Regards,
Deepak Agarwal

Dear All,

For an employer, the notice period is used for a smooth transition. For an employee, the notice period can be used for finding a new job or a better job. Hence, requests for leaves of any type should be refused. The outgoing employee's moral duty is to ensure a smooth transition, irrespective of availing leaves.

Normally, basic pay is considered for the purpose of the notice period. If it is specifically mentioned as gross pay in the appointment letter, then it should be treated accordingly.

Regards.