Can Employees Take Leave During Their Notice Period? Seeking HR Insights and Opinions

Hello,

I had a question: can any employee avail their leaves during their notice period of leaving the job? There is nothing mentioned about that in our organization's service rule book. As a Senior HR Executive, I have to decide this. In my opinion, it is not right to avail leave during the notice period. Please comment on this.

Regards,
Anju

Hello Anju,

You can certainly include a clause stating that, depending upon the approvals of the Departmental Heads, pending paid leaves may be allowed to employees during the notice period. There is no harm in allowing the employee to enjoy the benefit of the leaves accumulated if it does not affect the organization's work.

Regards,

Dear Anju,

Absolutely correct. One should not be allowed to leave during the notice period. But what will happen if he/she has some leaves pending of the quota allotted by the company. In my opinion,

1. HR personnel should come forward and apprise the individual of the concept of the notice period, which is that during this period he/she has to prepare for the details of jobs being handled by the individual from the point of view of handing over the details to the new joiner. Also, it is time for the company to recruit a person in place of the person leaving the organization.

2. During the notice period, one has to compile the records and handover the same to the newcomer or to any existing colleague as required by the company.

3. In case the leaving employee has prepared the details and the new joiner is to join after some days, he/she may be allowed to proceed on leave for one or two days only.

4. In case the record is to be handed over to an existing colleague, then the person has to see the spare time allotted by his colleague for understanding the details of work being handled by the individual.

The main thing is that the leaving employee should never be made to feel that his presence during the notice period is not required in the company. He/she should be treated either normally or even above normal to overcome the tension of leaving an organization.

Every decision is situation-based, and for every situation, there is no tailor-made answer. Follow what ethics and your commitment to the company say so.

Regards,

Anil Anand

Dear Anju,

I am of the opinion (considering the employees do not enjoy the protection of Industrial Law) that one of the clauses of the appointment letter should be as follows:

During the probation period, your employment may be terminated without notice and without assigning any reason. If confirmed, the employment may be terminated on either side by giving --- Months' notice or by paying/deducting salary in lieu thereof for the such days in lieu of the shortfall in the notice period if any.

In case you fail to give notice or after giving notice abstain from work during the notice period, it will be treated as a shortfall in the notice period for those days. In that event, you shall be liable to pay, or the company shall be entitled to deduct salary for those days in lieu of the shortfall in the notice period.

I would also like to mention that the contract of employment is a contract of personal service. Since it is a contract of personal service, there cannot be specific performance of such a contract. Hence, one cannot insist that during the notice period, the employee must report for duties and perform his work.

Additionally, it is important to note that the concerned leave sanctioning authority has to decide the pros and cons of granting leave to a particular employee during the notice period.

Regards,

Ravi

During the probation period, no company allows paid leave to any employee, and hence there cannot be a question of leaves in balance. The best option an employee can avail for the leaves in balance is to go for leave encashment and work full time during the notice period.

Regards

Hi everyone,

Thanks, Anju, for this question. As an employee, let me share a situation with you. I have been working with a firm for 3 years, and suddenly, I have received a job offer with a 50% increment, which is a significant opportunity for me. The new company is requesting me to join within 10 days, or else the job offer may be revoked.

I am in a dilemma because if I give notice to my current company, I might not receive my salary for the notice period, but if I don't, I risk losing the new job opportunity. In situations like this, what should one do? Are there any labor laws that address this issue?

Your guidance would be greatly appreciated. Thank you.