Do Pre-Approved Leaves Count Towards Notice Period if Resignation Happens Mid-Leave?

If an employee is on leave from the 1st of Jan to the 5th of Jan and he/she resigns on the 3rd of Jan, my question is: will these three days from the 3rd of Jan to the 5th of Jan count under the notice period or not? All of these leaves are pre-approved and already updated in the system.

Hi,

Regarding the question about leave, I can only say that if you have any leave in your bucket, then I believe you are entitled to take that, even if you have left the company before the 5th. I hope that answers your question.

Thanks

Hi @Bonzie,

I know we can take leave, but I just want to know whether pre-approved leaves count towards the notice period or not.

Thank you

The notice period will start only after the person rejoins. No leave, preapproved or otherwise, would be allowed during the notice period. The notice period would then have to be extended by the number of leaves taken.

I beg to differ with Mr. Banerjee and Saji. There is no need to link resignation and pending leave; there is no relation between the two. Why discuss pre-approved leave alone? If the situation merits or the employee desires, he/she may apply for leave during the notice period, and if the HOD approves it, he/she may avail it.

When an employee works for 20 days, he/she becomes eligible to get 1 day of leave. That is why it is also called "earned" leave. Does the company have the right to withhold someone's legitimate "earning"?

As far as the law is concerned, none of the labor laws like the Factories Act, Shops and Establishment Act, or Standing Orders Act handle the issue of approval of leave during the notice period. Since the matter is within the purview of the company administration, discretion demands an employee-friendly policy to allow the resigning employee to avail leave.

It appears that the query has been raised with a particular psychological molding. Sooner an employee submits resignation, the tendency is to treat him/her as an outcast or consider him/her as worthless. However, the employee's contributions in the past cannot be overlooked.

Our primary job is to run the enterprise smoothly, satisfy our customers, introduce innovative products, or services. Therefore, it is better to concentrate on primary activities rather than being intrusive while dealing with the employees.

Thanks,

Dinesh Divekar

I would like to add something more to Dinesh's observation on the issue by way of further explanation. Let us juxtapose the purposes behind the grant of leave and the issue of notice for unilateral termination of employment and analyze both objectively.

Understanding Leave and Notice Periods

Leave is a statutory benefit available to employees, subject mostly to the prior approval of their employer, while notice of unilateral termination of employment is a stipulated condition to be fulfilled as per the terms of the contract of employment. Combining both is a matter of convenience and discretion for both the employer and employee, depending on the situation. Neither the Standing Orders, the Service Regulations, nor any Employment Law can set down any concrete dictum in this regard. The reason is that the enjoyment of leave during the course of employment and the issue of notice for unilateral termination of employment are not absolute in their very characters despite the stipulations in these regards. For example, an employer can recall the employee on leave if the exigencies of work demand it, and an employee has the option to buy out the notice period instead of actually serving it if his exit is urgent. Therefore, combining both to the disadvantage of the employee would not only be irrelevant but also a bad HR practice, as observed by Dinesh.

Options for Employees

If the employer insists that the notice period would be reckoned after rejoining from leave only, the employee may choose to buy out the entire notice period to get himself relieved forthwith. Can the employee turn down the offer of notice salary in lieu of notice and insist on the retention of his employment throughout the notice period? We should not forget that the notice for unilateral termination is only to facilitate the exit process smoothly and peacefully.

Regards

Leave and resignation cannot be combined, as rightly said by Mr. Umakanthan. The poster's query is whether 3 days of leave out of a 5-day leave can be treated or counted as a notice period. I replied no because, for example, if an employee has an offer and is supposed to join within 7-10 days with 50 days of leave balance, and the notice period is 30 days, what they might do is get their leave approved for one month, resign on the very first day of their leave, and join the new company. In such a case, they would be engaged in dual employment. Therefore, my view/reply to the poster was that the notice period starts after rejoining from the leave, subject to the acceptance of the resignation.

Regards