Hi all,
I was on medical leave from 27th August 2012. I had 60 days of leave in my account. There is no category of leave like P.L., Medical, or anything else. I submitted proper medical certificates and requested leave on medical grounds. The same was also approved. On 3rd October 2012, I submitted my resignation, asking to be relieved on 2nd November 2012. The resignation was also accepted.
Now, the management has not paid my November 2012 salary and asked to pay me for 5 days, as my leave was up to 26th October 2012. In my opinion, I expect the November salary for 25 days, less the 5 days for recovery. I am not sure if I am correct. Can anybody help me with this matter?
Ramakant A
From India, Pune
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71I was on medical leave from 27th August 2012. I had 60 days of leave in my account. There is no category of leave like P.L., Medical, or anything else. I submitted proper medical certificates and requested leave on medical grounds. The same was also approved. On 3rd October 2012, I submitted my resignation, asking to be relieved on 2nd November 2012. The resignation was also accepted.
Now, the management has not paid my November 2012 salary and asked to pay me for 5 days, as my leave was up to 26th October 2012. In my opinion, I expect the November salary for 25 days, less the 5 days for recovery. I am not sure if I am correct. Can anybody help me with this matter?
Ramakant A
From India, Pune
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Dear Ramakant A,
Can you explain your logic behind the understanding of paying you the salary of November when you have not worked for the said period? According to your post, you were on approved leave from 27th Aug to 26th Oct, and as you have a balance, you are eligible for salary for this period. However, I am still unable to understand why the company should pay salary for November.
Thank you.
From India, Ahmedabad
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Can you explain your logic behind the understanding of paying you the salary of November when you have not worked for the said period? According to your post, you were on approved leave from 27th Aug to 26th Oct, and as you have a balance, you are eligible for salary for this period. However, I am still unable to understand why the company should pay salary for November.
Thank you.
From India, Ahmedabad
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Hi, As per my knowledge no one will allow to get a during the notice period. Can you make it your problem to clear.
From India, Hyderabad
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From India, Hyderabad
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Dear Ramakant,
I am also unable to understand why the management will pay you the October month salary. As per your post, you have pending leaves for 60 days, which you have already consumed from 27th August to 26th October. You have asked the management to leave you on 2nd November. You have not completed the November month, so how can management pay you the November month salary?
Secondly, if you have rejoined the company in the month of October, then you are eligible for the 30 days of basic leave encashments. Otherwise, not.
Thanks,
Bharat
From India, Ludhiana
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I am also unable to understand why the management will pay you the October month salary. As per your post, you have pending leaves for 60 days, which you have already consumed from 27th August to 26th October. You have asked the management to leave you on 2nd November. You have not completed the November month, so how can management pay you the November month salary?
Secondly, if you have rejoined the company in the month of October, then you are eligible for the 30 days of basic leave encashments. Otherwise, not.
Thanks,
Bharat
From India, Ludhiana
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Dear Ashok & Hiral,
Thank you for your immediate replies. The fact is as below:
1. I was absent from 27th August 2012 (due to High Blood Sugar Count).
2. I submitted the Medical Reports and Certificate regarding the treatment. Due to the treatment, I was unable to attend the Office. My Doctor advised me to take rest.
3. Management sanctioned the Medical Leave for 60 days, which was available at the foot end of my account.
4. As per the Office record, the Leave was up to 26th October 2012.
5. On 3rd October 2012, I submitted my resignation with a notice to relieve me as per rules.
6. At the time of submitting the Resignation Letter, Management Accepted and conveyed to me that yes for 1st October 2012 to 26th October my Payment will be released as considering the Notice Period and Shortfall of 5 days will be deducted from 26 remuneration. I do not know the legal aspects of the same.
Before concluding, I would like to add that this is an Autonomous Institute of the Government of Maharashtra.
Thanks and Regards,
Ramakant
From India, Pune
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Thank you for your immediate replies. The fact is as below:
1. I was absent from 27th August 2012 (due to High Blood Sugar Count).
2. I submitted the Medical Reports and Certificate regarding the treatment. Due to the treatment, I was unable to attend the Office. My Doctor advised me to take rest.
3. Management sanctioned the Medical Leave for 60 days, which was available at the foot end of my account.
4. As per the Office record, the Leave was up to 26th October 2012.
5. On 3rd October 2012, I submitted my resignation with a notice to relieve me as per rules.
6. At the time of submitting the Resignation Letter, Management Accepted and conveyed to me that yes for 1st October 2012 to 26th October my Payment will be released as considering the Notice Period and Shortfall of 5 days will be deducted from 26 remuneration. I do not know the legal aspects of the same.
Before concluding, I would like to add that this is an Autonomous Institute of the Government of Maharashtra.
Thanks and Regards,
Ramakant
From India, Pune
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did you join the work when your leave ended on Oct 26. Even if you were relieved on Nov 2, how do you reconcile the period between Oct 27 and Nov 2 ??
From India, Delhi
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From India, Delhi
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Sorry, I made a mistake while typing.
Notice Period: 3rd October 2012 to 1st November 2012.
Absent for the entire month of October.
Leaves were approved during the Notice Period from 3rd October to 26th October 2012.
I am unsure if my salary for October 2012 is payable or not.
Ramakant
From India, Pune
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Notice Period: 3rd October 2012 to 1st November 2012.
Absent for the entire month of October.
Leaves were approved during the Notice Period from 3rd October to 26th October 2012.
I am unsure if my salary for October 2012 is payable or not.
Ramakant
From India, Pune
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Dear Ramakanth,
The organization will allow a notice period of 15 or 30 days. You have been absent since August 27th. What is the reason for your resignation? Have you received your September salary? Please let me know what the problem is. Kindly give me a call.
Thank you.
From India, Hyderabad
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The organization will allow a notice period of 15 or 30 days. You have been absent since August 27th. What is the reason for your resignation? Have you received your September salary? Please let me know what the problem is. Kindly give me a call.
Thank you.
From India, Hyderabad
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Dear Ramakant,
I think the following are the details:
1. You were on sick leave between 27th August and 26th October 2012.
2. We received your resignation on 3rd October 2012, with the serving notice period until 1st November 2012.
3. However, you did not rejoin on 27th October 2012.
Conclusion:
1. After submitting your resignation letter, you are not eligible for any leave. However, Management has approved your sick leave and adjusted it with your accumulated leaves, totaling 60 days.
2. There will be a deduction of five days' pay for not completing the notice period, from 27th October to 1st November 2012.
3. Since you did not work in November 2012, you are not eligible for the November month's salary.
This is based on my understanding.
Thank you.
Vitthal.
From India, Mumbai
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I think the following are the details:
1. You were on sick leave between 27th August and 26th October 2012.
2. We received your resignation on 3rd October 2012, with the serving notice period until 1st November 2012.
3. However, you did not rejoin on 27th October 2012.
Conclusion:
1. After submitting your resignation letter, you are not eligible for any leave. However, Management has approved your sick leave and adjusted it with your accumulated leaves, totaling 60 days.
2. There will be a deduction of five days' pay for not completing the notice period, from 27th October to 1st November 2012.
3. Since you did not work in November 2012, you are not eligible for the November month's salary.
This is based on my understanding.
Thank you.
Vitthal.
From India, Mumbai
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Dear Ramakant,
Before submitting your resignation, you should have canceled your leave. This action would have allowed you to encash the days you didn't take off. If you do not work during the notice period, the unpaid days will be deducted from your full and final settlement. In your current situation, I don't believe the organization is obligated to pay you if you did not make any appearances during your resignation notice period, even if you were on pre-sanctioned leave.
Regards,
Prakash
From India, Bhubaneswar
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Before submitting your resignation, you should have canceled your leave. This action would have allowed you to encash the days you didn't take off. If you do not work during the notice period, the unpaid days will be deducted from your full and final settlement. In your current situation, I don't believe the organization is obligated to pay you if you did not make any appearances during your resignation notice period, even if you were on pre-sanctioned leave.
Regards,
Prakash
From India, Bhubaneswar
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How could you get leaves during the notice period? The purpose of notice period is not served. Regards, Sudhir Dudhane Sr.Manager- HR & Admin
From India, Mumbai
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From India, Mumbai
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Dear Ramakant,
Based on my understanding of your situation, I believe the management has considered your medical condition and did not take any action. The purpose of the notice period is to facilitate knowledge transfer and complete pending tasks assigned to you before you submitted your resignation.
You were on medical leave from August 27 to October 26, 2012, and you had 60 days of leave in your account. Therefore, the 2 months of absence have been adjusted with your available leaves. Considering a 1-month notice period in your organization, you officially resigned on October 3, 2012, with a notice period serving until November 2, 2012. However, your leaves were adjusted only until October 26, as you did not return to work. Consequently, the company has requested payment for this time period (6 days by calculation).
As you did not work in November, there will be no salary for that month.
I hope this clarifies the situation for you.
Best regards, [Your Name]
From India, Mumbai
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Based on my understanding of your situation, I believe the management has considered your medical condition and did not take any action. The purpose of the notice period is to facilitate knowledge transfer and complete pending tasks assigned to you before you submitted your resignation.
You were on medical leave from August 27 to October 26, 2012, and you had 60 days of leave in your account. Therefore, the 2 months of absence have been adjusted with your available leaves. Considering a 1-month notice period in your organization, you officially resigned on October 3, 2012, with a notice period serving until November 2, 2012. However, your leaves were adjusted only until October 26, as you did not return to work. Consequently, the company has requested payment for this time period (6 days by calculation).
As you did not work in November, there will be no salary for that month.
I hope this clarifies the situation for you.
Best regards, [Your Name]
From India, Mumbai
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Dear Ramakant,
You have only 60 days of credit, all finished by 26th Oct. If you rejoin, you would receive 5 additional days. Otherwise, you will be considered on loss of pay. The notice period means the management needs time to find a new person or train a substitute for your position. When you are on leave, you have no right to ask for Nov. wages/salary.
Regards,
Biju
From India, Calicut
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You have only 60 days of credit, all finished by 26th Oct. If you rejoin, you would receive 5 additional days. Otherwise, you will be considered on loss of pay. The notice period means the management needs time to find a new person or train a substitute for your position. When you are on leave, you have no right to ask for Nov. wages/salary.
Regards,
Biju
From India, Calicut
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The Terms and Conditions (T&C) shown in your appointment order are final. You should refer to them. You will get your answer.
An employee, while on sanctioned leave, can submit his resignation with a notice period as indicated in the appointment order. Accordingly, you yourself would be able to know your eligibility.
From India, Bhopal
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An employee, while on sanctioned leave, can submit his resignation with a notice period as indicated in the appointment order. Accordingly, you yourself would be able to know your eligibility.
From India, Bhopal
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Respected All,
Thanks for your valuable opinions.
In fact, the organization where I was working was very erratic and did not have any specific rules. It was the Autonomous Institute of the Government of Maharashtra and operated mostly based on rules applicable to Government Servants, i.e., B.C.S.R. Some staff were governed by the Institute with no specific rules and regulations in place. The increment and leave policy were not specific.
Thanks to everyone.
Ramakant
From India, Pune
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Thanks for your valuable opinions.
In fact, the organization where I was working was very erratic and did not have any specific rules. It was the Autonomous Institute of the Government of Maharashtra and operated mostly based on rules applicable to Government Servants, i.e., B.C.S.R. Some staff were governed by the Institute with no specific rules and regulations in place. The increment and leave policy were not specific.
Thanks to everyone.
Ramakant
From India, Pune
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