Can You Take Sick Leave During Your Notice Period? Understanding Exit Policies

Leave During Notice Period

If an employee is serving a notice period of one month, can he or she take leave during this time?

For example, if a person gets sick, what is the next process?

Could anyone suggest whether a person should take leave or not during the period when resigning from their current position?

Regards,
Sunil

Leaves during the notice period aren't permitted. Hence, it automatically becomes unscheduled leave if availed under unavoidable circumstances. Any leave taken during the notice period extends the duration by the equal number of days.

Please check with the exit policy as mentioned in your employee handbook. Trust that helps.

Hi, I completely agree with the above statement. Leaves are not allowed during the notice period. However, you need to check your company's Separation Policy. Sometimes, in unavoidable circumstances, the Project Manager (PM) has to allow leave to the reportee, such as in cases of illness or accidents. Nevertheless, it is at their discretion how they would like to adjust, whether by extending the notice period or giving employee benefits and adjusting from the leave balance without extending the notice period.

Hope the above response helps.

Regards,

I agree with all the above views; however, I wish to put them in a proper perspective so that one understands the reason/logic behind it rather than just following the system/procedure blindly.

Once the exit of an employee is imminent, consequent upon the acceptance of resignation, a notice period is mutually agreed upon based on the terms and conditions of the employment contract.

Purpose of the Notice Period

The purpose of the notice period is primarily to enable the employer to find a replacement and train them suitably to take up the assigned tasks. During this period, the presence of the outgoing employee is essential.

If an employee is absent during this period, for whatever period of time, it hampers this process, and thus a remedy needs to be devised for this.

In such a case, the employee's notice period may be extended, which may jeopardize the schedules, including the date of relieving, and affect both parties.

However, in case of any exigencies, there cannot be any other alternative left apart from allowing leave of absence.

Impact on Leave Balances

Another minor reason is that by that time, the leave balance positions are already communicated to Finance & Accounts, so as to expedite the Full and Final Settlement amount. HRs do not particularly enjoy sending corrigendum for these.

However, in case of any exigencies, there cannot be any other alternative left apart from allowing leave of absence. Making such absence as Leave Without Pay may again give rise to complications as the employee may claim they have sufficient leave balance.

Thus, it would not be proper or legally correct to say that an employee is not eligible for any leave during this period or leaves are not allowed or permitted.

However, since taking leave may put both the employee and employer in difficulties, it is advisable to counsel the employee accordingly and avoid granting any leave.

Warm regards.

Leave During Notice Period

When an employee gives notice, it means they have to work for that specified period. However, in cases of uncontrolled, unavoidable, and unforeseen circumstances, the employee may request leave. In such situations, the time taken for leave will not be considered as part of the notice period.

For instance, if the notice period is one month and an employee asks for a 15-day leave after 10 days, upon returning from leave, the employee would be required to work for an additional 20 days to fulfill the notice period. It is important to note that the decision to grant leave rests with the employer, while the employer can insist on the completion of the notice period.

Best regards,
Vibhakar Ramtirthkar

Extending the notice period is not an advisable suggestion. If an employee takes leave with or without permission, that should be treated as a loss of pay, and the employee should be relieved from the services of the organization upon completion of the notice period. Even during the notice period, the employee will not contribute anything fruitful to the organization.

Extension of Notice Period

Extension of the notice period is allowed in case of any urgent pending work that is important to the organization.

Regards,
Moorthy

The concept of working during the notice period is primarily for the purpose of job transition from the outgoing employee. It is also necessary for the organization to reclaim office equipment, documents, files, and any other job-related items.

After submitting a notice of resignation, the employee is expected to continue working during the notice period for the aforementioned reasons. Meanwhile, employers have the opportunity to find a replacement for the departing employee during this time. The organization's operations should not be disrupted due to the resignation or departure of any employee.

Leaves during this notice period are generally not permissible. However, casual leave for emergencies can be granted for a day or two.

I think there is no straight answer to this as the decision can be based on a number of factors. For instance, if the staff is troublesome or unproductive, in order for him/her not to contaminate the other staff, he must be allowed to go on leave as he serves notice. This way, the staff is kept away from the office and his accumulated leave days are reduced, such that the company does not have to pay much for unused leave days. However, if the staff's role is one where handover is critical, it is imperative that the staff be cautioned against taking leave during the notice period. Finally, the company policy on separation will guide you on what is expected when staff leave.

It is not fair to go on leave while being on the notice period. The notice period is meant for separating the employee from the organization without affecting work or societal growth. Leave can be availed in the worst-case scenarios such as sickness or accidents.

In general, employees in a notice period are not allowed to take leaves. If it is an unavoidable situation, then he/she has to work for the extra day/days to finish the total number of days in a notice period.