Please advise,
An employee can avail E.L. during the notice period, as per the appointment letter, which states a one-month notice period for confirmed employees. If he avails E.L. during the notice period, can we extend his notice period against E.L.? Please advise on how to treat his E.L.
Regards,
Rakesh Dubey
From India, Raipur
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1An employee can avail E.L. during the notice period, as per the appointment letter, which states a one-month notice period for confirmed employees. If he avails E.L. during the notice period, can we extend his notice period against E.L.? Please advise on how to treat his E.L.
Regards,
Rakesh Dubey
From India, Raipur
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Employee cannot avail any kind of leave during notice period. If he has availed any laeves, those no. of days can be extended as a notice period.
From India, Mumbai
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From India, Mumbai
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Hi,
An employee can avail earned leave (EL) during the notice period. To take EL, the employee must submit the leave application at least 15 days before availing EL to the employer. According to the Factories Act, it is at the management's discretion to sanction the leave based on the service requirements of the employees.
The notice period exists for the purpose of ensuring that the work or department where the employee is currently employed does not suffer when the employee leaves the organization. Therefore, it is necessary to replace the departing employee, train the replacement, and provide guidance on the tasks the departing employee used to handle.
In the interest of natural justice, a person who has resigned should refrain from taking any leave to avoid causing inconvenience to the organization. Doing so would be considered unfair and illegal.
Regards,
Mohan Rao
Manager HR
From India, Visakhapatnam
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An employee can avail earned leave (EL) during the notice period. To take EL, the employee must submit the leave application at least 15 days before availing EL to the employer. According to the Factories Act, it is at the management's discretion to sanction the leave based on the service requirements of the employees.
The notice period exists for the purpose of ensuring that the work or department where the employee is currently employed does not suffer when the employee leaves the organization. Therefore, it is necessary to replace the departing employee, train the replacement, and provide guidance on the tasks the departing employee used to handle.
In the interest of natural justice, a person who has resigned should refrain from taking any leave to avoid causing inconvenience to the organization. Doing so would be considered unfair and illegal.
Regards,
Mohan Rao
Manager HR
From India, Visakhapatnam
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depends upon the company policy. but in practice el can be adjusted against the notice period in most of the comapnies. sk
From India, Delhi
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From India, Delhi
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Employee can avail El during his notice period . because he has earned EL against woking so it can be adjusted . paramjeet singh
From India, Dehra Dun
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From India, Dehra Dun
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It is purely depend on company policy, i don’t think so any rule regarding non availment of EL when notice period.
From India, Bangalore
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From India, Bangalore
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it may also happen that if ay employee is taking leaves during the notice period, it will be counted as LWP(Leave Without Pay)
From India, Delhi
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From India, Delhi
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Dear, Mr.Mohan Rao and MR.Sanjeev has given their views, which is universally accpeted one. Regards R.Palaniswamy
From India, Coimbatore
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From India, Coimbatore
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It’s not like that. LWP is marked only when he/she is having no any earned leave in his/her account and employee proceed on leave with the consent of the HOD. Paramjit
From India, Chandigarh
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From India, Chandigarh
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Dear,
The notice period has nothing to do with EL. It is very clear that an employee can avail EL during the notice period, and as such, there are no restrictions for taking such leaves during the notice period.
Thanks,
Paramjit
From India, Chandigarh
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The notice period has nothing to do with EL. It is very clear that an employee can avail EL during the notice period, and as such, there are no restrictions for taking such leaves during the notice period.
Thanks,
Paramjit
From India, Chandigarh
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Dear all,
As I understand, there is no law governing the adjustment of leaves in the notice period. Mr. Mohan Rao has referred to the Factories Act, but most offices will be covered under the Shop and Establishment Act. Whether to adjust or not, and how many leaves to adjust, should be mentioned in the HR policy. It is generally not specified in the appointment letter. Based on practice, the number of leaves is at the discretion of management.
What is also important here is the calculation of the right number of earned, privileged, or annual leaves that have to be considered. In conclusion, it is better to have these details mentioned in the HR policy or appointment letter. If not covered by law, calculate the prorated leaves available and provide the benefit to the separating employee. In this case, management should decide whether to grant the leaves depending on the employee's utility.
Importantly, ensure that a comprehensive HR policy covering all such points is implemented. It should have a solid legal foundation.
Hope this clarifies.
Vikas Bhardwaj
From India, New Delhi
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As I understand, there is no law governing the adjustment of leaves in the notice period. Mr. Mohan Rao has referred to the Factories Act, but most offices will be covered under the Shop and Establishment Act. Whether to adjust or not, and how many leaves to adjust, should be mentioned in the HR policy. It is generally not specified in the appointment letter. Based on practice, the number of leaves is at the discretion of management.
What is also important here is the calculation of the right number of earned, privileged, or annual leaves that have to be considered. In conclusion, it is better to have these details mentioned in the HR policy or appointment letter. If not covered by law, calculate the prorated leaves available and provide the benefit to the separating employee. In this case, management should decide whether to grant the leaves depending on the employee's utility.
Importantly, ensure that a comprehensive HR policy covering all such points is implemented. It should have a solid legal foundation.
Hope this clarifies.
Vikas Bhardwaj
From India, New Delhi
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Dear Friends,
Let's look at this situation as follows:
1. An employee resigns and gives, say two months' notice as per the terms of his contract of employment.
2. He wants immediate release and is willing to pay for the notice period. He is within his rights as most appointment letters, in their exit clause, stipulate a notice period or salary in lieu of the notice period.
3. He works for some days during the notice period, and in between, he requests for some days of leave. Now, there is no hard and fast rule that he cannot be granted leave. It is a decision which the management will have to take. His request can be considered favorably or it can be declined.
Please remember EL will be encashed at the time of his full and final settlement. Therefore, it is not a big deal if leave is granted to the employee. However, it is necessary to impress upon the employee that he is obliged to do the handover properly to the satisfaction of the management before being finally relieved.
4. Also, at times, the management decides to accept and relieve the employee immediately, waiving off the notice period.
Considering all the above situations, I recommend that the employee be spoken to, and it is mutually agreed that he will do a proper handover, and only then would he be formally relieved. Leave may then be granted at the discretion of the management.
Best Wishes,
Vasant Nair
From India, Mumbai
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Let's look at this situation as follows:
1. An employee resigns and gives, say two months' notice as per the terms of his contract of employment.
2. He wants immediate release and is willing to pay for the notice period. He is within his rights as most appointment letters, in their exit clause, stipulate a notice period or salary in lieu of the notice period.
3. He works for some days during the notice period, and in between, he requests for some days of leave. Now, there is no hard and fast rule that he cannot be granted leave. It is a decision which the management will have to take. His request can be considered favorably or it can be declined.
Please remember EL will be encashed at the time of his full and final settlement. Therefore, it is not a big deal if leave is granted to the employee. However, it is necessary to impress upon the employee that he is obliged to do the handover properly to the satisfaction of the management before being finally relieved.
4. Also, at times, the management decides to accept and relieve the employee immediately, waiving off the notice period.
Considering all the above situations, I recommend that the employee be spoken to, and it is mutually agreed that he will do a proper handover, and only then would he be formally relieved. Leave may then be granted at the discretion of the management.
Best Wishes,
Vasant Nair
From India, Mumbai
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