Resignation and Leave: Can I Negotiate for October's Leave During My Notice Period?

Resignation and Leave Entitlement

I gave my resignation on the 11th of September. Even without an appointment letter, I agreed to give a one-month notice period. My last day is the 10th of October. We get one sick leave each month which cannot be availed together. You can accumulate past months' leave and utilize them but cannot utilize previous months' leave. Now, they told me I won't get October's leave. Our office works under the Factories Act. Is it true that I won't get October's leave, or should I negotiate?

There is no provision for any leave under the Factories Act, 1948 other than annual leave with wages under Section 79 of the Act. Therefore, the sick leave mentioned must be under the contract of employment or leave regulations of the establishment. It would be advisable for the poster to seek the answer from such rules.

Notice Period and Leave Policy

Notice period is the time for the employer to make alternate arrangements. It is a pure and simple working period with no leave. If leave is availed, the notice period will be extended to that extent. Any remaining leave balance will be paid along with the full and final settlement.

Regards, Vibhakar Ramtirthker, Pune.