Is My Employer's Leave Policy During Notice Period Legal and Can I Challenge It?

Dear Sir,

My Employer's Policy is as follows:

- No adjustment of earned leave against notice pay.
- When deducting salary for leave, deduct based on gross salary.
- If the company has to pay (encash) leave to the employee, it should be based on the basic salary.
- Recently, management has started including in the acceptance of resignation letter, "leave cannot be availed during the notice period (after submitting your resignation letter), and you have to serve till 90 days from the date of resignation." The company will issue a relieving letter only if you comply with this requirement.

Is this legally valid? Can it be challenged in a court of law?

Regards,
Krishna

Dear Member,

The recent judgment related to this case will be provided shortly. For further information, please obtain a copy of the judgment from LLR publisher. Reference - LLR Del.HC 490.

"Employees' request for availing leave during the notice period cannot be denied by the employer."

"In the absence of a bond, an employee will not be liable to pay damages for quitting the job before or upon the expiry of the prescribed period." Reference: LLR Del.HC 490.

Murugavel.B

Krishna,

An employee can surrender the leave and leave the organization. However, there are companies that follow the practice of not allowing employees to take vacation leave during the notice period; instead, they can only take sick leave.

According to the law, employees are entitled to take vacation leave even while serving their notice period, and the organization cannot prevent them from doing so.

Regards