Hey,
I agree with the discussion that the 4 days leave availed could either be treated as LOP or the notice period can be extended for 4 days (with payment).
This is the procedure that we follow for permenant employees in my company, but the policy for contract employees is that no leave is allowed during the notice period (they only have CL in their a/c as they are contract employees.
I am not very sure if this is correct, would appreciate feedback on the same.
Kind regards,
Reshmi Pillai
From India, Mumbai
8I agree with the discussion that the 4 days leave availed could either be treated as LOP or the notice period can be extended for 4 days (with payment).
This is the procedure that we follow for permenant employees in my company, but the policy for contract employees is that no leave is allowed during the notice period (they only have CL in their a/c as they are contract employees.
I am not very sure if this is correct, would appreciate feedback on the same.
Kind regards,
Reshmi Pillai
From India, Mumbai
I AGREE WITH COMMENTS AS GIVEN BY EXPERTS, LEAVE SHOULD BE ADJUST WITH EL, INSTEAD OF EXTENSION OF NOTICE PERIOD, ITS BETTER THAT YOU GO TO LABOUR INSPECTOR OF UR AREA. Manoj Pandya HR
From India, Udaipur
From India, Udaipur
What state are you in? What kind of leave are you requesting? Are you exempt or non-exempt?
From United States, Carlstadt
From United States, Carlstadt
Hi All,
Thank you very much for your replies. They are very encouraging.
I have posted a question to my HR on why my notice period has to be extended after considering it as LOP? I hope i get a favourable response.
For the leave part, my manager has approved my leaves. However, the HR says it is unauthorized. I have earned leaves (in my company they are called as vacation leaves and they are not encashable). The separation policy does not say how the leaves during notice period will be calculated.
I am only worried about my background check. Based on my interactions with the HR, I don't believe she will provide a positive response (to the background checks) if I pursue more on this.
Thanks!
VJ.
From India, Mumbai
Thank you very much for your replies. They are very encouraging.
I have posted a question to my HR on why my notice period has to be extended after considering it as LOP? I hope i get a favourable response.
For the leave part, my manager has approved my leaves. However, the HR says it is unauthorized. I have earned leaves (in my company they are called as vacation leaves and they are not encashable). The separation policy does not say how the leaves during notice period will be calculated.
I am only worried about my background check. Based on my interactions with the HR, I don't believe she will provide a positive response (to the background checks) if I pursue more on this.
Thanks!
VJ.
From India, Mumbai
Is your employer an at will employer? There is no labor code, federal or state that requires an exiting employee to provide a 60-day notice. A notice on intent to quit is a courtesy not a law.
If you are an exempt employee, you employer cannot break up your workweek. You are entitled to your weekly wages, unless this is a FMLA related leave.
No where in the U.S. are employees allowed to work without pay, unless this was an unpaid intern position.
Tell your HR representative to get another job because clearly, he or she is resting on a company employee handbook, and we all know, most policies are not worth the paper it is written on.
Lastly, if your past employer provides a negative reference of employment and you can prove this negative reference was the cause of you not securing employment, they can charge with defamation of character, slander et cetera.
I hope you are not in California; based on the information you provided, the EEOC, DFEH, U.S. Department of Labor – Wage and Hour Division et cetera would have a field day with this.
Good Luck.
From United States, Carlstadt
If you are an exempt employee, you employer cannot break up your workweek. You are entitled to your weekly wages, unless this is a FMLA related leave.
No where in the U.S. are employees allowed to work without pay, unless this was an unpaid intern position.
Tell your HR representative to get another job because clearly, he or she is resting on a company employee handbook, and we all know, most policies are not worth the paper it is written on.
Lastly, if your past employer provides a negative reference of employment and you can prove this negative reference was the cause of you not securing employment, they can charge with defamation of character, slander et cetera.
I hope you are not in California; based on the information you provided, the EEOC, DFEH, U.S. Department of Labor – Wage and Hour Division et cetera would have a field day with this.
Good Luck.
From United States, Carlstadt
Dear Roberts
I thank you for your inputs on the matter (with reference to US Federal and State laws); and I am sure it will help the members broaden their knowledge and skill in HRM.
I look forward to many more contributions from you.
Warm regards.
From India, Delhi
I thank you for your inputs on the matter (with reference to US Federal and State laws); and I am sure it will help the members broaden their knowledge and skill in HRM.
I look forward to many more contributions from you.
Warm regards.
From India, Delhi
Thank you Dr. Vasudeva Reddy.
My leave was approved by my manager and I see that my EL has been reduced by the no. of days I was on leave. In my organisation, the executive HRs are usually fresh graduates or people with less year's of experience. They don't have much empathy.
From India, Mumbai
My leave was approved by my manager and I see that my EL has been reduced by the no. of days I was on leave. In my organisation, the executive HRs are usually fresh graduates or people with less year's of experience. They don't have much empathy.
From India, Mumbai
If you are young and career oriented don't take panga with H.R. deptt.and settle mutually by request to give this thing in writing you will obey .
Secondly if you are covered under labour laws after relieing and verification of credential from new employer issue them notice for unfair practice.
If you are not covered in labour laws then civil court can decide for loss of compensation you suffered from breach of contract.
For all these things you have to analyse all sort of pros and cons since one should not burn the bridge.
God bless you in meeting your objects and efforts.
From India, New Delhi
Secondly if you are covered under labour laws after relieing and verification of credential from new employer issue them notice for unfair practice.
If you are not covered in labour laws then civil court can decide for loss of compensation you suffered from breach of contract.
For all these things you have to analyse all sort of pros and cons since one should not burn the bridge.
God bless you in meeting your objects and efforts.
From India, New Delhi
Further to the suggestions posted by the HR professionals I opine that 60 days is a good time and any exigencies may arise hence not allowing to avail leave is inhuman.
In case such type of clause is existing in the company policy or part of appointment letter then need to work for 60 days by extending the relieving date which normally won't happen as the out going employee might have committed the joining date with the new organization and there is every change he may loose the opportunity / may become unemployed if he don't join on the date committed ie., he / she will loose his lien on his offer letter.
The present company should also think on humanitarian grounds & in extraordinary situations they can make it LOP and relive the employee on the agreed last working day.
In this the HR role is very critical and they only to convince the management and help. The outgoing employees are the brand ambassadors of the company. Now a days most of the companies are seriously working to attract their ex-employees to rejoin the organization in this context it is better not make any issue and ensure a smooth separation.
My suggestion to the outgoing employee not to look for any legal or complaining to Labour department authorities as its a mere waste of time and as well as difficult to get opportunities as the progressive employers look at you as a trouble maker and nobody will be ready to buy any trouble & ultimately it will rupture your carrier.
As suggested by HR experts better to look for a win win situation and depart.
From India, Hyderabad
In case such type of clause is existing in the company policy or part of appointment letter then need to work for 60 days by extending the relieving date which normally won't happen as the out going employee might have committed the joining date with the new organization and there is every change he may loose the opportunity / may become unemployed if he don't join on the date committed ie., he / she will loose his lien on his offer letter.
The present company should also think on humanitarian grounds & in extraordinary situations they can make it LOP and relive the employee on the agreed last working day.
In this the HR role is very critical and they only to convince the management and help. The outgoing employees are the brand ambassadors of the company. Now a days most of the companies are seriously working to attract their ex-employees to rejoin the organization in this context it is better not make any issue and ensure a smooth separation.
My suggestion to the outgoing employee not to look for any legal or complaining to Labour department authorities as its a mere waste of time and as well as difficult to get opportunities as the progressive employers look at you as a trouble maker and nobody will be ready to buy any trouble & ultimately it will rupture your carrier.
As suggested by HR experts better to look for a win win situation and depart.
From India, Hyderabad
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Election leave Notice.pdf
NOTICE ON ABSENTEE WITHOUT LEAVE - FIRST NOTICE.doc