If an employee avails leave during the notice period, can this leave be considered paid leave What does the HR law say on this? Please advise.
From India, Coimbatore
From India, Coimbatore
If the employee avails his eligible leave during the notice period, it should be paid leave only. Notice period is considered as service period only. During this period you cannot impose any restrictive clauses or conditions. It is true that notice period is a period during which the employee is required to be in the office for handing over or knowledge sharing purposes. But this does not mean that he cannot avail his leave. Normally long leave will not be permitted during notice period but a leave of two or three days will be permitted if that absence will not cause any hindrance to the knowledge sharing or handing over process. Obviously, if you make it unpaid, you will have to pay cash equivalent to the surrender value of leave at the time of making full and final settlement. Then why don't you make it as paid leave?
From India, Kannur
4242From India, Kannur
Most organizations have a policy of not sanctioning leave during the notice period, but it also depends on the intend of the exiting employee and his/her relationship with the employer. If the intend is not to hinder the handing over process and there is a genuine need of the exiting employee to take a day or two leave, it may be granted.
From India, Kolkata
From India, Kolkata
Leave eligibility during the notice period can vary based on the company's policies and the country's labor laws. Here are some general points that are commonly observed:
Company Policy: Most companies have specific policies regarding leave during the notice period. Some may allow you to take accrued leave, while others may restrict leave to ensure a smooth transition and handover process.
Labor Laws:
In many jurisdictions, employees are entitled to use their accrued leave during the notice period. However, the approval of leave requests is often subject to the employer's discretion, especially if taking leave would disrupt business operations.
Some labor laws mandate that unused leave should be compensated if not taken during the notice period. This means you may receive payment for any accrued but unused leave.
Notice Period Agreement: The terms of your notice period are typically outlined in your employment contract or the company's HR policies. This may include specific clauses regarding the taking of leave during the notice period.
Mutual Agreement: In practice, taking leave during the notice period often comes down to a mutual agreement between the employee and employer. If you need to take leave, it's best to discuss it with your manager and HR as soon as possible.
Practical Steps
Review Company Policy: Check your company’s employee handbook or HR policies regarding leave during the notice period.
Consult HR: Speak with your HR department to understand your rights and the company’s stance on taking leave during the notice period.
Communicate Early: If you need to take leave, communicate your request early and provide a valid reason to increase the chances of approval.
Example Scenario
Employee Handbook Clause: "Employees may take accrued leave during the notice period subject to managerial approval. Unused accrued leave will be paid out at the end of the employment period."
Local Labor Law: "Employees are entitled to take or be compensated for any accrued but unused leave during the notice period, provided it does not interfere with the transition and handover process."
In conclusion, while you may be eligible to take leave during your notice period, it's important to review your company’s policies and local labor laws, and discuss your situation with HR to ensure a clear and agreeable arrangement.
From India, Noida
Company Policy: Most companies have specific policies regarding leave during the notice period. Some may allow you to take accrued leave, while others may restrict leave to ensure a smooth transition and handover process.
Labor Laws:
In many jurisdictions, employees are entitled to use their accrued leave during the notice period. However, the approval of leave requests is often subject to the employer's discretion, especially if taking leave would disrupt business operations.
Some labor laws mandate that unused leave should be compensated if not taken during the notice period. This means you may receive payment for any accrued but unused leave.
Notice Period Agreement: The terms of your notice period are typically outlined in your employment contract or the company's HR policies. This may include specific clauses regarding the taking of leave during the notice period.
Mutual Agreement: In practice, taking leave during the notice period often comes down to a mutual agreement between the employee and employer. If you need to take leave, it's best to discuss it with your manager and HR as soon as possible.
Practical Steps
Review Company Policy: Check your company’s employee handbook or HR policies regarding leave during the notice period.
Consult HR: Speak with your HR department to understand your rights and the company’s stance on taking leave during the notice period.
Communicate Early: If you need to take leave, communicate your request early and provide a valid reason to increase the chances of approval.
Example Scenario
Employee Handbook Clause: "Employees may take accrued leave during the notice period subject to managerial approval. Unused accrued leave will be paid out at the end of the employment period."
Local Labor Law: "Employees are entitled to take or be compensated for any accrued but unused leave during the notice period, provided it does not interfere with the transition and handover process."
In conclusion, while you may be eligible to take leave during your notice period, it's important to review your company’s policies and local labor laws, and discuss your situation with HR to ensure a clear and agreeable arrangement.
From India, Noida
As everyone is aware Notice period is to facilitate handing over of activities done by the outgoing person to the person identified by the organisation. So availing leave during notice period needs to be avoided. However, in the event of any exigencies, Company may sanction leave depending upon discretion. If sanctioned it is generally a paid leave. Some Companies have the practice of sanctioning leave and extending the notice period to the extent of leave availed.
Regards
MVK
From India, Madras
Regards
MVK
From India, Madras
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Election leave Notice.pdf
NOTICE ON ABSENTEE WITHOUT LEAVE - FIRST NOTICE.doc