My company has a policy that all unused leaves as of 1st January will be forfeited if not used on or before 31st December 2019. I am planning to resign today, 5th December 2019. My notice period is a month. I will serve notice until 20th December 2019 and pay in lieu of notice for the balance 15 days (21st December - 4th January 2020).
In this case, since my last working day in the company is 20th December, I should be able to claim my leave balance or offset it against my payment in lieu. Please let me know if my employer can deprive me of my leave balance on the grounds that as per one month's notice, the last day technically would be 4th January (after 31st December).
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In this case, since my last working day in the company is 20th December, I should be able to claim my leave balance or offset it against my payment in lieu. Please let me know if my employer can deprive me of my leave balance on the grounds that as per one month's notice, the last day technically would be 4th January (after 31st December).
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In this scenario, it's crucial to review the company's leave policy and relevant labor laws. Typically, the forfeiture of leave balances is based on the last working day, not the notice period duration. If your last working day is on 20th December, you should be entitled to your accrued leave balance up to that date. It's advisable to communicate with HR or refer to the company's policies to clarify your entitlements accurately. If necessary, seek guidance from labor laws to understand your rights regarding leave encashment upon resignation.
From India, Gurugram
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102From India, Gurugram
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