Can I Take Earned Leave During My Notice Period? Need Advice on HoD's Objection

Please guide me. I resigned from the company on 9th August, and it was accepted by the manager on 10th August. On 12th August, I returned from the project site of Ujjain to Delhi, where my base location is. I have applied for 14 days of earned leave, which was available. The Head of Department (HoD) is saying I can't take earned leave and have to go back to Ujjain. I came from Ujjain after obtaining written permission. Please guide me on whether I am right or not in taking earned leave during the notice period. The company policy on leave and notice period is silent on this.

Notice Period and Leave Policy

Notice period does not prohibit the employee from taking any leave. However, there are conventional practices followed by employers in respect of employees on notice period. One of them is not to allow the employee to take any leave other than on medical grounds. This is because the outgoing employee has to clear any pending work, train the substitute, or arrange for the proper handing over of duties. Leave cannot be claimed by an employee as a matter of right. Nevertheless, since you left the place with permission from your immediate superior in anticipation of leave approval, you can appeal to the HOD to show some leniency in your case.

Earlier, a similar query had been raised, and the senior members had provided their responses, including mine. You can refer to the thread by clicking on the following link:

https://www.citehr.com/586695-allow-...ml#post2359986

Thanks,

Dinesh Divekar

Hello - the issue is related to availing leaves during the notice period.

If your organization's policy is silent on this, then the prevalent best practice is generally followed. The best practice says that an employee must not avail any leaves during their notice period except in emergent or extremely critical situations.

Practical advice - please do not avail any earned, privilege, casual, or leisure leaves during your notice period, except for when it's urgently required. Please cooperate with the management to deliver your responsibilities with dedication and provide a proper handover to the identified person. And, as I always say to every professional, please do not act with any form of hostility towards management or your current reporting manager. Listen to them patiently and follow instructions as necessary. Professionalism is much required to solve problems.

Thank you.