Notice Period Dilemma: Do I Need to Serve Extra Days Due to Leave Without Pay?

Hi, I am in my notice period. I took 7 days of Leave Without Pay (LWP). However, as per company policy, 4 days off (Intervening Offs) have been considered as LWP.

My question is, do I have to serve a total of 11 more days in the notice period or just 7 days? And if it's 11 days, is that inclusive of the offs or just working days?

Regards, Sourav H

Notice Period Calculation

Please check the applicable rules to determine whether the notice period is reckoned in working days or months. If it is not specified in terms of working days and is mentioned in terms of months, then the General Clauses Act 1898 applies. According to the Act, a month is defined as follows: "Month 'shall mean a month reckoned according to the British calendar."

This definition includes all the continuous days of a month, including the intervening weekly offs. The definition provided in the General Clauses Act applies in every instance where the term is not specifically defined differently. Therefore, your company is also bound by it, subject to the conditions mentioned above.

I really appreciate your early response. My company follows a 60-day notice period. I have figured out the answer. Let me provide you with my actual exit date. My notice period ends on Feb 3. Can you please inform me of the date until which I will need to serve the notice period to compensate for the Leave Without Pay (LWP) that was taken?

I am confused.

I had 7 e-Lops; however, they added OFFs in between as e-Lop. Hence, is my notice period includes only a 7-day extension, or 7 + 4 (OFFs), or 11 working days?

Notice Period and Leave Without Pay

It is not clear how, out of 60 days in which there will be at least 8 weekly off days, only 4 are treated as Leave Without Pay (LWP).

Anyhow, you have to give uniform consideration, whether including or excluding the weekly offs in the notice period throughout, including for the present 7/11 days. As the notice period is mentioned as 60 days, it is presumed to be 60 working days, and the weekly offs are excluded. When the industry is not working on a weekly off day and no business is transacted that day, the purpose of the notice period is frustrated if the weekly off is considered in the notice period.

But again, check what was done in earlier cases, as they cannot impose a new rule against you. Going by the above interpretation, you will have to work an additional 11 working days from February 3rd.