Dear members, Ours is a small IT services company, and we have an employee who joined us in November 2014. However, the employee has taken more than 30 leaves within a year due to frequent sickness and an operation. Currently, we provide 21 leaves in a year, which equates to 1.75 leaves per month. For this employee, any leaves taken beyond the allotted quota were deducted from the salary on a pro-rata basis.
Now, the employee has suddenly resigned, citing the reason that her spouse is relocating to another state and she needs to move with him. Can we request the employee to extend her tenure with us for the remaining days for which she has received paid leaves?
Legal Considerations for Excessive Leaves
What does the law state in the case of more than 21 leaves in a year? Please suggest.
From India, Mumbai
Acknowledge(0)
Amend(0)
Now, the employee has suddenly resigned, citing the reason that her spouse is relocating to another state and she needs to move with him. Can we request the employee to extend her tenure with us for the remaining days for which she has received paid leaves?
Legal Considerations for Excessive Leaves
What does the law state in the case of more than 21 leaves in a year? Please suggest.
From India, Mumbai
Acknowledge(0)Amend(0)
Have you give 30 days paid leave i.e 9 more days of paid leave than normal company entitlement.?? If that is so you can recover 9 days pay from FNF.
From India, Pune
Acknowledge(0)Amend(0)
3180From India, Pune
Acknowledge(0)Amend(0)
Did you get the period wrong, or is there any point missing? The employee joined in November 2014—not even a year so far. She took 30 days of leave between then and now—8 months. Is that right? But you say she took 30 days of leave in a year?
Irrespective of the above aspect, like Saswata Banerjee mentioned, you have already deducted the salary. Even if you didn't, do you think the company will gain anything by retaining such an employee by extending the notice period? It could rather be detrimental to the work environment. Just pack her off ASAP and move on.
Regards,
TS
From India, Hyderabad
Acknowledge(0)Amend(0)
Irrespective of the above aspect, like Saswata Banerjee mentioned, you have already deducted the salary. Even if you didn't, do you think the company will gain anything by retaining such an employee by extending the notice period? It could rather be detrimental to the work environment. Just pack her off ASAP and move on.
Regards,
TS
From India, Hyderabad
Acknowledge(0)Amend(0)
Since the extra leaves taken by the employee were unpaid, and the salary for those days was deducted, we can't bring that issue into the picture anymore. The simple reason, as even suggested by the seniors, is that you can't penalize her twice for the same leaves.
A sudden exit is something no company appreciates, but since she mentions that her husband is shifting, there is little we can do to hold her back. At most, we can ask her to serve the official notice period and then gracefully relieve her.
If the employee has exceeded the maximum leaves allowed as per company norms, the company has the liberty to deduct the salary for those extra days the leaves got extended. You mentioned that the number of leaves deducted was on a pro-rata basis.
I would like to ask if you follow calendar months or financial months when it comes to leaves. If it is a financial month, she must have been credited with 21 leaves from April, so calculate how many pending leaves are there. If it is calendar months, she must have been credited with 21 leaves from January; accordingly, calculate the pending leaves. The reason is she may use the pending leaves to negotiate her notice serving.
Hope this helps.
From India, Mumbai
Acknowledge(0)Amend(0)
A sudden exit is something no company appreciates, but since she mentions that her husband is shifting, there is little we can do to hold her back. At most, we can ask her to serve the official notice period and then gracefully relieve her.
If the employee has exceeded the maximum leaves allowed as per company norms, the company has the liberty to deduct the salary for those extra days the leaves got extended. You mentioned that the number of leaves deducted was on a pro-rata basis.
I would like to ask if you follow calendar months or financial months when it comes to leaves. If it is a financial month, she must have been credited with 21 leaves from April, so calculate how many pending leaves are there. If it is calendar months, she must have been credited with 21 leaves from January; accordingly, calculate the pending leaves. The reason is she may use the pending leaves to negotiate her notice serving.
Hope this helps.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Notice of Employee Change.doc