Dear members,
My query is, I have to give one month's notice period to my employer, and its period will be from December to January. I want to know if I will get the benefit of leaves legally, which start from the 1st of January because my resignation will be on the 3rd of January.
Thank you.
From India, Lucknow
Acknowledge(0)
Amend(0)
My query is, I have to give one month's notice period to my employer, and its period will be from December to January. I want to know if I will get the benefit of leaves legally, which start from the 1st of January because my resignation will be on the 3rd of January.
Thank you.
From India, Lucknow
Acknowledge(0)Amend(0)
Your question is not clear to me. When you refer to leave benefits, are you asking about the ability to take leave accrued during your notice period or the option to receive payment for unused leave upon your departure? In my understanding, most employers do not permit employees to take any leave other than casual leave (C.L) during their notice period. Typically, leave entitlement in your organization is on an annual basis starting from January 1st each year. Non-cumulative types of leave, such as C.L and Sick Leave without medical evidence, are usually granted on a non-proportionate basis to permanent employees and on a pro-rata basis to probationers and temporary employees.
Given that your notice period ends on January 3rd, it is unlikely that you can avail of non-cumulative leave from the current calendar year even on a pro-rata basis. However, you are entitled to receive payment for any accrued but unused cumulative leave, such as earned leave (E.L) or privilege leave (P.L), at the time of your departure.
I hope this clarifies the situation for you.
Best regards,
[Your Name]
From India, Salem
Acknowledge(2)Amend(0)
6108Given that your notice period ends on January 3rd, it is unlikely that you can avail of non-cumulative leave from the current calendar year even on a pro-rata basis. However, you are entitled to receive payment for any accrued but unused cumulative leave, such as earned leave (E.L) or privilege leave (P.L), at the time of your departure.
I hope this clarifies the situation for you.
Best regards,
[Your Name]
From India, Salem
Acknowledge(2)Amend(0)
If your query is whether the leave in your credit can be adjusted against the notice period, then it depends upon the terms of the contract of service. However, if you want to avail leave on genuine grounds like sickness, etc., during the notice period, the employer shall allow you to avail it subject to extending your notice period proportionately if the contract of service does not provide for such leave adjustment.
B. Saikumar
HR and Labour Law Advisor
From India, Mumbai
Acknowledge(0)Amend(0)
B. Saikumar
HR and Labour Law Advisor
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.
Employee Benefits.doc