Hi, I want to know if there is any written document or law that states an employee cannot avail of their earned leave during the notice period, and that the remaining earned leave will be lapsed, not uncashed, in the final settlement.
There is no law, but it is the practice. There is also no law that states that a company has to allow EL during the notice period.
The encasement of notice pay depends on the law (and type of organization). In Maharashtra, under the Shops and Establishment Act, accumulated unused EL has to be given along with full and final settlement.
Hi, EL or any leave can be availed during the notice period in case of a genuine requirement, but most employers restrict it to ensure a smooth handover process.
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