Notice Period Dilemma: Can We Grant Diwali Leave to a Terminated Employee?

If we are terminating an employee and providing a 15-day notice period, can we allow them to take leave for the Diwali occasion during the notice period?

Availing leave of absence from duty – whether during the notice period or otherwise – is subject to the sanction of leave applied for. If the applicant has leave due and the exigencies of work/operations do not demand his/her presence, leave is granted and availed.

Kritarth Team, 26.10.18

Dear Priyanka,

Without prejudice to the reasons, the employee is under orders of termination and serving the notice period of 15 days, at the end of which his termination would be effective. Therefore, the entire notice period falls within his service in the establishment without affecting his employment benefits, whether contractual or statutory. I think you will have no objection to the fact that leave is a statutory benefit of employment, though its sanction might be a matter of the employer's discretion based on work exigencies, if any.

Diwali as a Festival Holiday

Diwali, being a festival holiday, what would you achieve by insisting him to work on that day just because he is under the notice period? Besides, you have to pay him extra wages and another day of holiday in substitution as per sec.18 of the Maharashtra Shops and Establishments Act, 2017, if it is applicable to your establishment.

Therefore, exercise your discretion.

Hello,

Thank you so much for replying. I think my question was wrong. Apart from the Diwali holiday, she has asked for 3 days of additional leave. Diwali falls on the 7th and 8th (Official Holidays), and she has requested leave for the 5th, 6th, and 9th. Her last day is on the 14th. My concern is whether we should allow her to take this leave as it may impact other employees.