Notice Period Dilemma: Should We Pay for the Full Month Despite Employee's Absence?

Good afternoon, my valued friends! I am faced with a confusing situation and would really appreciate your views on it.

Termination and Notice Period

One of our staff members was formally informed of his termination on 31st March 2021, after which he was given a 30-day notice period by the company, as per the HR policy he was serving. He served it from 01.04.21 to 16.04.21. However, from the 17th of April, he has left the station for leave about which he had intimated us on 25th March via email. He has been on leave since. Please note that the said employee does not have any leaves with which to adjust any absences during the notice period.

Query on Notice Pay and Leave

My query is: Is the company liable to pay him for the full month of April, i.e., till 30.04.21 despite his absence from 17.04.21? Or, can we pay his notice pay till 16.04.21, being the date he last worked in the office? Can employees take leaves during this type of notice period? If there is any reference to this in any Act, do let me know.

Kindly share your views on this so that I can proceed accordingly. Looking forward to your valued response.

Regards,
Barnali Sengupta
HR Manager
Shreyansh Innovations Pvt. Ltd.

Dear friend,

I think that the termination is at the instance of the employer, which was informed to the employee on 31-03-2021, i.e., one month in advance so that he would be serving the notice period during the entire April 2021.

The notice period actually served is the period of transition and clearance of arrears of work, if any. Generally, organizations do not permit the outgoing employee to avail of such long leave. It is only a conventional practice. If there is justification for leave and it will not affect the work of the organization, the employee can be permitted to avail of the leave asked for. The notice period does not curtail the statutory benefits of employment like leave.

But as per your post, the employee has no leave at credit. If at all, the spell of leave taken from 16-04-2021 shall be leave on loss of pay only. Therefore, you can pay for the duty period up to and inclusive of 16-04-2021 only.