Can I Use My Paid Leave to Shorten My Notice Period and Join a New Job Sooner?

Hi,

I have a 2-month notice period to serve. I have resigned on January 1st, and I have 20 PL's remaining. I need to join my next company on February 10th. Can my PL be adjusted against the notice period, even if the present company doesn't want to? Or can I take leave for those PLs and collect my relieving letter after 20 days when the notice period is over?

Thank you.

This absolutely depends on the company policy that is framed. Certain companies allow this, while others do not permit it as part of the policy to ensure a smooth handover and demonstrate loyalty towards the employer before separation. From my understanding, there is no statutory notice period for severance. As part of statutory requirements, all accrued paid leave needs to be encashed, which is an employee right.

What will be the legal proceedings if I leave 15-20 days before? Is there any other way to somehow get 20 days? If my 20 days of paid leave is approved by my manager and I leave on 10th February, will I still receive my relieving letter at the end?

Dear Ankur,

In most companies, PLs and SLs are frozen once you submit your resignation. You can only utilize the remaining CLs in your account. PLs hold a value that is adjusted during your full and final settlements. Payment is made on a per-day basis for the remaining PLs in your account.

It may not be advisable to use up your remaining PLs simply because they are available in your account. The notice is provided to allow you time to wrap up your tasks and assist the employer in finding a suitable replacement for you.

Regards,
Byomjeet Mishra

Actually, I'm working here for the last 2 years, and now my company has been taken over. From this 1st of January, a new policy has been implemented where PL can't be adjusted against leaves. Earlier, they were. Now, I resigned on the 2nd of January, and HR says the new policy is also implemented on me. If I had resigned before the 2nd, I would have had no problems. Do let me know if there's any legal way to get 20 days of relief. My managers are ready to help me if they find any way. After resignation, can I not take my 5 to 10 days of PL even? What if I leave without telling them 15 days before?

Why are you worrying if your manager is ready to help you out in this? But never ever leave without any information. This will create a bad impression.

No one told me they are still bound due to upper management changes. Let me know if they can approve my P&Ls after resignations. And please, if you could also answer the above question?

Please note the corrected text above, with proper spelling and grammar. I have also ensured that there is a single line break between paragraphs for better readability.

Dear Ankur,

It entirely depends on organizational policy. If it is not allowed under the new policy, you can't get the benefit. I am sure they will encash your EL with your final settlement. You will have to find out some other way to fulfill your notice period requirements.

Thanks,
Sweety Singh

Once you resign you cannot take any leave except sick leave.
To adjust your PL's against your notice is at the discretion of the management. You cannot force it. If you discontinue to come to office on your own then you will be considered as absconding even though you have resigned.
I hope this will make some sense to you.

Dear Ankur,

Do you mean that you would be entitled to avail your PL after the withdrawal of your resignation? If yes, I would again say that it entirely depends on your organizational policies.

It could also happen that after withdrawing your resignation, you would first avail your PL's (during these leave days you will join the new organization) and then resign. So, I think your management would not grant your PL application at this moment (merely an assumption).

You should never spoil your relations with the organization you have worked for. You won't gain anything. Tell them your problems and fulfill the notice period requirements or salary in lieu thereof or whatever is applicable as per policy and start the new assignment.

Wish you Good Luck.

Thanks,
Sweety Singh

Dear friend,

Normally, organizations agree to consider the leave balance against the notice pay, provided your position and the exigency of your work.

Thanks,
P. Ramachandran

It totally depends on your company policy because some companies don't allow taking Paid Leave (PL) during the notice period.

Hi,

If I do not serve the last 20 days of the notice period, then the company can withhold my salary and other dues. Additionally, they will deduct 20 days' worth of salary.

If I opt for Pay in lieu but the company wants me to serve the whole 2 months, can they stop my dues or relieving letter? My offer letter says I can opt for pay in lieu, but in 2008 some policies have been changed, and it does not say anything about pay in lieu.