Navigating Retirement: Can an Employee Retire While on Earned Leave?

One of our employees is going to complete 60 years in Feb. 2018 after 25 years of service in the organization. His retirement information was given to him to be relieved on 28/02/2018, but he applied for Earned Leave from 15/02/2018 to 28/02/2018. His present designation is Manager.

My queries are:
1. Can an employee's retirement relieving be done during his Earned Leave period?
2. Can we adjust his leave against the balance of E.L.?
3. Please suggest if there will be any impact on his retirement benefits.

Is the employee joining back on 28 Feb? Then, if he has accumulated EL, there should be no issue.

No, he will not be back on 28/02/2018.

He should be asked to join back on the last day and then be relieved.

No, it is not possible to join on 28/02/2018, due to his daughter's marriage.

We need to resolve this matter so that it becomes an example for the future in the organization.

Retirement in Absentia

There are several instances in which an employee has to be relieved in absentia. In such cases, the employee is allowed to complete all formalities regarding retirement by their last working day, including handing over charge or office material in their possession. The employee then proceeds on leave as planned, and on the retirement day, an order is issued stating: "On attaining the age of superannuation, Mr. X, Employee no. -----, -------- (Designation), ----- Department, stands relieved of his services in this organization on the afternoon of ..\/..\/.. (28\/02\/18 in this case)," and the rest of the formalities are completed.

Really, it is a very tricky situation. Normally, the process of joining on fresh appointment cannot be completed in absentia; so is the process of relieving on retirement. However, there may be exceptional circumstances warranting the kind of action as suggested by Mr. KK!HR in respect of retirement.

Dear colleague,

I do not see any issue here as I have not come across any legal provisions which require a retiring employee to be present at work on his last day, at least in the private sector. If leave is granted because he is unable to attend on the last day, he can still be relieved in absentia, and his post-retirement formalities can be done subsequently on a mutually convenient date.

Regards,
Vinayak Nagarkar
HR Consultant

Leave Sanction for Manager's Daughter's Marriage

It seems that the Manager has been sanctioned leave to perform his daughter's marriage. Given this situation, he should be allowed to take leave and attend the marriage rather than being asked to be present on his daughter's wedding day. The departmental work related to his retirement and settlement can be managed if there are no major issues with settling his account, and the formalities can be completed the day after he reports back to the office. There may not be any issue, as opined by other members.

Regards, C. Neyimkhan, HR Consultant

Dear Rakesh, there is no big issue with it. You can finish up all the formalities regarding the superannuation on or before 14.02.2018, before the employee goes on leave. If you are apprehending anything foul, an official communication can be made giving details of the situation.

You should close your part on or before 28.02.2018. The matters remaining on the part of the employee can be addressed after 28.02.2018. The leave the employee is availing can be adjusted from the balance E.L., or the management can consider the 25 years of long service to the company. There is absolutely no effect on the employee's retirement benefits except for the leave taken from 15 to 28 Feb.