Can Employees Use Their Remaining Leave During the Notice Period Without Pay Deductions?

Hi, if an employee is in a 30-day notice period, and he has 5 SL/CL left, can he use that leave during the notice period? If he takes leave during the notice period, should we consider it as LOP or regular leave? Please suggest.

The sanction of leave for an employee is governed by the provisions of the Shops and Establishment Act or the Factories Act, whereas the notice period is an internal matter between the employer and employee and is not covered under any specific statute. Therefore, there is no direct connection between employee leave and the notice period.

Can an employee take leave during the notice period?

To clarify, your indirect question is whether an employee can take leave during the notice period. Yes, they can, if eligible. You may grant the leave according to the current employee leave policy in place.

Thanks,
Dinesh Divekar

Notice Period Leave Policy

Not only does the question seem to be very trivial, but it also indicates a negative attitude from the HR towards a fellow employee, especially if it is from an HR manager's perspective. It is common practice that during the notice period, no leave is typically allowed due to pending work commitments and the need for a proper and speedy handover of responsibilities by the resigning employee. While it is understandable that the notice period is not meant for employees to exhaust their accrued leave as they please, employers should also acknowledge that it does not give them the right to arbitrarily deny normal employment benefits to departing staff.

Casual or Sick Leave During Notice Period

Casual or Sick Leave, which may arise from unforeseen circumstances, should not be outright rejected solely because the notice period is ongoing. In essence, the notice period should not negate an employee's statutory employment rights and entitlements. While an employer may decline approval for all pending leave requests during the notice period based on genuine work requirements, they should set a reasonable limit and avoid treating such leave as Loss of Pay (LOP).

Maintaining Positive Relations

It is crucial for both employers and employees to recognize that neither party is fully compliant with the terms of the employment contract. If an employee resigns for personal growth or better opportunities, it is essential to part ways on a positive note, allowing them to leave with fond memories.

Please let me know if you need further assistance.

The leave policy, as well as the standing order of your establishment, will guide you. In the absence of LP/SO, the employee can avail CL but not at length, whereas sick leave can be taken on production of a medical certificate for remaining sick. The employee is squarely eligible to avail those leave balances, as those leaves are not being reimbursed. All leave periods are to be treated within the notice period. Besides leave, you can be marked absent for being illegally absent during the notice period.