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venkatraghavanm
34

Serving notice period does not mean that one has to be physically present on all the days of the notice period. Extending notice period would arise only when the employee has taken leave on loss of pay or absented. If the employee has to his credit any unavailed eligible leave, then he avail the leave, subject to regular norms of leave approval. Any unavailed leave has to be encashed in the FF settlement to the employee.
If the RH is given in lieu of scheduled NFH as per the provisions of NFH Act, then no wages shall be deducted for availing the RH, unless the RH is being claimed in advance of the original scheduled holiday. .
M.Venkatraghavan

From India, Selam
actnow
@uda9186 less than 2 months have passed in probation period but as company policies mentions in agreement that notice needs to given for 1 month (be It probation period) so 1 month notice period has been given.

I understand mostly people have said that it depends on company to company and their policies. But my main concern was if the profile is not as such that there needs to be some charge given and person wants to avail the RH(restricted holiday) simply because they celebrate that festival then company can deny the holiday or deduct the salary for that day or ask for extension? If so, is it correct as per laws? Note: RH is given as 1 per year and not paid if one does not take that, so that has to be utilised. So, is it not the right of the employee to take that RH whenever he wants(be it notice period or not) as RH is a holiday and not leave?

When an employee is following everything systematically and in good way(giving 1 month complete notice even after being in probation) and has been regular as well in the past(if it matters?).

From India, Delhi
uda91864
19

Yes it is legally correct if one avail 1 RH irrespective notice period. If employee has served 1 month notice and properly done handing over then mostly employer will relieve him/her in congenial environment even after availing all his/her pending leaves or leave encashment.
From India, Faridabad
fc.vadodara@nidrahotels.com
734

It is the management of the company who has to decide whether RH has to be given during Notice Period or not. Would like to conclude that there is no legal provision that the employer cannot extend the period for the Leave taken by an employee during his/her notice period. It is at the discretion of the management whether they can relieve you without extending or without deducting the pay for the leave availed.
Hope your query must have resolved.

From India, Ahmadabad
sumitk.saxena
252

To permit for RH to an employee during his/her notice period is solely depend on the consent of management, As for as EL/CL/SL is concerned it should be compensated in notice period.
Thanks & Regards,
From,
Sumit Kumar Saxena

From India, Ghaziabad
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