Can we consider these days as unserved notice days and deduct the payment for those days in the Full and Final Settlement (F&F)?

Hi, All; please share your expert advice on the following. When an employee submits their resignation and is serving the notice period, they may take leave without pay or be absent without providing information. In such a scenario, can we consider these days as unserved notice days and deduct the payment for those days in the Full and Final Settlement (F&F)?

Regards
Rajvir

Hi,
There is no statutory obligation on the employee side that leave should not be availed during notice period. For instance sickness during notice period cannot be neglected just because employee serves notice period. But in general most of the employers insist for notice period without leave.

Leave without information during notice period is something different one which amounts to misconduct. So you cannot apply same scale for all cases and depends on the case may take call. If employee proceeds on unauthorized leave for more than 2-3 days employee can be advised to extend the notice period or consider period of absence as leave without pay.


Also for leave informed cases while 1-2 days leave can be neglected any thing beyond it candidate can be advised to extend the notice period.

Hi Rajvir.

As an HR professional with extensive experience in Labour laws and company policies, I would advise against deducting payment for unserved notice days in the Full and Final settlement (F&F) when an employee takes leave without pay or is absent without providing information during their notice period. It is important to review the company's policies and the employment contract to determine the appropriate course of action in such scenarios.

Additionally, consulting with legal counsel may be necessary to ensure compliance with labour laws and regulations. It is crucial to handle such situations with sensitivity and in accordance with established procedures to avoid potential legal repercussions

Thanks.