Navigating Notice Periods: Can You Take Leave for Interviews Without Penalty?

If an employer asks an employee to leave, giving them time to complete the entire notice period, then:

1. Can the employee take leave during the notice period to attend interviews?
2. Can the employer deny the request and deduct money from their F&F?

Regards,
Aarti

It depends on the policy of the company. Some organizations do not allow an employee to proceed on leave during the notice period, while some allow casual leave to be taken but not the earned leave. Considering your situation, there should be no reason for the organization to refuse you leave to attend interviews. However, if the company policy does not allow taking leaves and your leave is not approved as a special case, then the employer can deduct money from the F & F.

Regards,
Preetam Deshpande

If the employee is treated as a consultant (drawing consultancy charges with the deduction of TDS from their amount), then there is no question of notice period payment, and leave encashment also does not come into the picture, right? Kindly provide clarity.

Thanks & Regards,
Shubhra

In this case, the company should allow employees to go for interviews because the company is undergoing a reduction. Normally, employees should not take leave, and the company does not typically grant leave during the notice period as the handover process is ongoing. However, the scenario here is quite different. It would be advisable to discuss this matter with the HR department or management.

Regards,
Hardik

This is a full-time employee (FTE) that I am talking about who has been on the organization's rolls for over a year. Now, with management changes in the business, the skills of this employee are no longer required. Consequently, the employee has been asked to leave, with a notice period provided for completion.

Regards,
Aarti

Normally, leave is not allowed during the notice period. However, in this case, you are asking someone to resign and find a job during the notice period. If you do not allow them to take leave, how will they secure a job? You can, of course, deduct salary for the days they have not attended work. But if the employee has worked for more than a year, they will also have pending leave in their account that, as per the Factories Act and Shop and Establishment Act (at least in Maharashtra and Gujarat), you are required to reimburse when they leave. So, the net effect may be zero.

In all fairness, he should be allowed to leave. If the policy doesn't permit it, then the notice period could be extended by the same number of days of leave availed.