Notice Period Dilemma: Will I Get January Leave Benefits Before Resigning?

Dear members,

My query is, I have to give one month's notice period to my employer, and its period will be from December to January. I want to know if I will get the benefit of leaves legally, which start from the 1st of January because my resignation will be on the 3rd of January.

Thank you.

Your question is not clear to me. When you refer to leave benefits, are you asking about the ability to take leave accrued during your notice period or the option to receive payment for unused leave upon your departure? In my understanding, most employers do not permit employees to take any leave other than casual leave (C.L) during their notice period. Typically, leave entitlement in your organization is on an annual basis starting from January 1st each year. Non-cumulative types of leave, such as C.L and Sick Leave without medical evidence, are usually granted on a non-proportionate basis to permanent employees and on a pro-rata basis to probationers and temporary employees.

Given that your notice period ends on January 3rd, it is unlikely that you can avail of non-cumulative leave from the current calendar year even on a pro-rata basis. However, you are entitled to receive payment for any accrued but unused cumulative leave, such as earned leave (E.L) or privilege leave (P.L), at the time of your departure.

I hope this clarifies the situation for you.

Best regards,
[Your Name]

If your query is whether the leave in your credit can be adjusted against the notice period, then it depends upon the terms of the contract of service. However, if you want to avail leave on genuine grounds like sickness, etc., during the notice period, the employer shall allow you to avail it subject to extending your notice period proportionately if the contract of service does not provide for such leave adjustment.

B. Saikumar
HR and Labour Law Advisor