Can Employees Take Leave During Their Notice Period? Seeking Your Insights

Dear All,

I would like to know if an employee is on notice period, can they be liable to take leave (medical, casual, or privilege)?

Thank you.

Greetings,

Any leave during the notice period increases it by another day. This is a common practice, the legality of it is yet to be researched.

What are the exit policies at your firm? How long is your notice period?

Looking forward to hearing from you!

Illness is beyond the control of anyone. If an employee falls sick during the notice period and has clear supporting medical documents, then the company has no choice but to accept the fact of medical leave during the notice period.

Other leave can be refused during the notice period.

Dear (Cite Contribution),

Actually, as per company policy, I need to serve a 90-day notice period. Now, due to some reason, I require leaves, but the HR manager is not allowing me to take them. However, in the past, they allowed CL and PL leaves for some employees on notice period.

Reply...

Dear Prashant,

There is a huge amount of discretion that goes into implementing the policies, hence the discrepancies. Your manager isn't convinced of your needs, that's why he is rejecting your leaves. What reasons are you giving him?

Notice Period and Leave Sanctioning

The notice period is intended for finding a replacement and ensuring the outgoing employee completes pending tasks. Letters typically do not specify that notice must be given for 30 working days. Generally, the notice period mentions the number of days or months, without specifying working days.

Hence, refusal to sanction leave is not legally correct. However, other rules pertaining to leave should be followed. Sanctioning leave is always at the discretion of the manager. The manager cannot reject leave solely because you are on the notice period. They can, however, state that since you need to complete your tasks, leave is not sanctioned. Legally, rejection based solely on the notice period is not correct. However, rules pertaining to the general sanction of leave can be imposed.

Regards, T. Sivasankaran

Illness is out of control, but if your company policy suggests that after resignation, you are not allowed any leave, then in extreme cases like hospitalization, death in the family, accidents, etc., where you need to submit your medical report and a certificate from your doctor, your resignation date will be extended. If not, then at the time of Full and Final Settlement, the company has every right to deduct the salary for those days you were absent.

Casual leave on a prorata basis can be okay, but not any other kind of leave. The notice period does not imply being on leave.

Of course, leaving on genuine medical grounds with supporting medical documents from appropriate medical authorities should not be rejected during the notice period.