Hi, I am working in a private company as an HR Executive. One employee joined our company in Feb '07. After the completion of the probation period, he was regularized, and a regular appointment order was issued effective from 01.09.2007.
He submitted his resignation on 10.10.2007. According to our company norms, he is required to provide one month's notice, so his resignation will be accepted, and he will be relieved on 10.11.2007. Now, he has submitted a medical certificate for leave from 12.10.2007 to 10.11.2007. He does not have any PL, SL, or CL in his account.
Please suggest to me how to handle this case.
Urgent, please.
Regards, Venkat
From India, Madras
Acknowledge(0)
Amend(0)
He submitted his resignation on 10.10.2007. According to our company norms, he is required to provide one month's notice, so his resignation will be accepted, and he will be relieved on 10.11.2007. Now, he has submitted a medical certificate for leave from 12.10.2007 to 10.11.2007. He does not have any PL, SL, or CL in his account.
Please suggest to me how to handle this case.
Urgent, please.
Regards, Venkat
From India, Madras
Acknowledge(0)Amend(0)
Dear,
In the case you present, the employee applied for leave on medical grounds for a month. Logically, the medical leave period is not decided in advance. It is clear that the employee doesn't want to serve the notice period. You have the right not to sanction his leave and may deduct salary in lieu of the notice period. One more thing is that he has applied for leave after the submission of his resignation, so the served notice period days will be counted only for those days on which he has actually worked.
So, deduct salary for the notice period and settle his full and final.
Thanks,
Amit Kumar Tawar
09925150259
From India, Mundra
Acknowledge(0)Amend(0)
2In the case you present, the employee applied for leave on medical grounds for a month. Logically, the medical leave period is not decided in advance. It is clear that the employee doesn't want to serve the notice period. You have the right not to sanction his leave and may deduct salary in lieu of the notice period. One more thing is that he has applied for leave after the submission of his resignation, so the served notice period days will be counted only for those days on which he has actually worked.
So, deduct salary for the notice period and settle his full and final.
Thanks,
Amit Kumar Tawar
09925150259
From India, Mundra
Acknowledge(0)Amend(0)
Hi Mr. Amit Kumar Tawar,
Thanks for the above answer to the query of Mr. Venkat. I have a further query related to this answer, could you please help me?
Q. What to do if a person is still in probation, having no leave balance in his account, has taken the last salary during his sick leave period (nothing is due)?
😕 Shall we notify him to deposit his salary of 30 days?
😕 Shall we tell him to submit an affidavit stating that he is not working anywhere else and whenever he gets well, he will join back for 30 days? Or anything else can be done to avoid that somebody else should not follow this practice in the future?
Regards,
Aman
09915802492
From India, Chandigarh
Acknowledge(0)Amend(0)
Thanks for the above answer to the query of Mr. Venkat. I have a further query related to this answer, could you please help me?
Q. What to do if a person is still in probation, having no leave balance in his account, has taken the last salary during his sick leave period (nothing is due)?
😕 Shall we notify him to deposit his salary of 30 days?
😕 Shall we tell him to submit an affidavit stating that he is not working anywhere else and whenever he gets well, he will join back for 30 days? Or anything else can be done to avoid that somebody else should not follow this practice in the future?
Regards,
Aman
09915802492
From India, Chandigarh
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.
Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf