How Can I Use My Pending Leaves During My Resignation Notice Period? Seeking Advice

Dear Sir,

I have been working in an organization as a Manager for the past 8 years and am 30 years old. I would like to resign due to personal reasons.

I have 45 days of leave in my account until March 2011 and another 20 days of leave this year. I would like to know if the same can be used as part of the notice period since I have sincerely worked for the organization all these years.

Also, my immediate boss is not accepting my resignation, saying not to come with a resignation letter again. Since I have a very cordial relationship with my boss, I can't bypass him to forward my resignation letter to my HR directly.

If I give my resignation letter today, please let me know if I can use my pending leaves as part of my notice period. Alternatively, should I apply for leave encashment and get them encashed and then serve the notice period? I have a 3-month notice period as I am a permanent employee.

I would like to serve my full notice period to finish off my activities in a cordial way so that I can maintain a good relationship with my company. However, I need advice on how I can use my pending leaves.

Srinithy

Dear Srinithy,

If you want to resign, then no one can stop you. You can always speak to your boss and let him know the reasons for your decision. Surely, he will either agree or give you some good advice for not doing so.

As far as your leaves are concerned, it depends on the policy of your company. Many companies adjust PL to the notice period, and many don't; however, generally, they do. Check with your HR Dept. I also understand that you want to serve your notice period; in that case, it should be encashed to you in your final settlement. The calculation should be based on your Basic. The notice period, if not served, will also be deducted from the Basic salary.

Wish you all the best. Any concerns, please post here; I will be following this for some time.

Considering Resignation for Better Prospects

Are you resigning for better prospects? If yes, you can go ahead. However, a minimum notice period, let's say at least a month, is required for you to work with them to enable them to find a suitable alternative. You can request your boss/HR to adjust the balance of leave against any shortfall in the notice period.

Regards

Hi, Srinithy. 8 years is surely considered a long period to serve a company, and that is the reason your boss is reluctant to let you go. You can initiate a conversation over a cup of coffee and discuss the matter with him. You must mention the learnings you are taking away and how you enjoyed working there. State your reasons for leaving, and I'm sure they all will wish you luck.

Now, regarding the notice period, I would also suggest that you can serve a notice period of at least a month as you have been handling things for so long (and as you also mentioned that you would like to serve the complete notice period). Speak to the HR department after you have had a conversation with your boss. I'm sure they will agree to adjust some of your leaves.

If the company has a policy of encashing leaves, then it is advisable to adjust some and encash the balance.

Thanks, everyone.

Let me tell you a few more things. I am a permanent employee and have a 3-month notice period. I don't have any other work in mind; I just want to change track and do something on my own near my native place.

Regarding my HR department, as far as I know, it has been only an "R" department with no "H" in it. So I don't know if they are going to consider my views. The only help will be my boss.

I would like to serve my full notice period of 3 months as a gesture of gratitude towards my company. Also, please shed light on leave encashment. Whenever leave lapses, isn't it the duty of the company to pay for the days that are getting lapsed? After all, the employee has worked for the organization's benefit without taking leave.

I am raising this point as my request for leave encashment was turned down, citing that I am claiming after the financial year, which I think is odd.

Leave Encashment with Full and Final Settlement

PL shall be encashed/reimbursed to you with the F&F settlement as you have decided to serve the entire notice period.

Thank you.

Srinithy,

Options:

1. If you are getting a better opportunity than this, please focus on your prospective job and submit the resignation via email to your boss and HR, indicating that you will work for a certain number of days and will be relieved on the specified date.

2. If the resignation is due to personal reasons, you can wait to complete the 3-month notice period. In addition, you will receive your leave salary.

3. If the company is being stubborn and not accepting the resignation letter, please send the letter through a lawyer for legal recourse.

4. If, in 8 years, you haven't been able to build rapport with your boss, it's better to leave the organization immediately. Send an email to adjust the leave against the notice period and forward the same email to your prospective employer.

5. Talk to the HR of your future company and explain that your present company is not relieving you. Seek advice from them.

Johnson