How Should I Handle My Employer Not Acknowledging Leave During Notice Period?

I took leave during the notice period due to my grandmother's passing, and I was away for one week (7 days). Now, they are unwilling to acknowledge the leave and intend to mark it as Loss of Pay (LOP) instead of deducting from my Earned Leave (EL) and Casual Leave (CL) balances. Please assist me with this matter.

Regards,
Vijay

There is no law to the effect that leave cannot be taken during the notice period, except in some standing orders. Companies are free to consider the leave during the notice period as Leave Without Pay (LWP) and extend the notice period proportionately.

Regards,
Varghese Mathew

It lies in the company's discretion unless there is any specific provision prohibiting an employee from taking leave during the notice period either in the contract of service or service rules. However, the objective of the notice period is to enable the employer to find a substitute and to ensure a smooth transfer of work to the new incumbent either from within or from outside. That's why an employee is required to be present during the notice period. If an employee is allowed to avail/adjust leave against or during the notice period, the objective will be defeated. However, the management shall not mind a few days of leave under compelling circumstances.

Regards,
B. Saikumar
HR & Labor Law Advisor
Mumbai