One of our employees is going to complete 60 years in Feb. 2018 after 25 years of service in the organization. His retirement information was given to him to be relieved on 28/02/2018, but he applied for Earned Leave from 15/02/2018 to 28/02/2018. His present designation is Manager.

My queries are:
1. Can an employee's retirement relieving be done during his Earned Leave period?
2. Can we adjust his leave against the balance of E.L.?
3. Please suggest if there will be any impact on his retirement benefits.

From India, Raipur
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nathrao
3251

Is the employee joining back on 28 Feb? Then if he has accumulated EL there should be no issue.
From India, Pune
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No, he will not back on 28/02/2018
From India, Raipur
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nathrao
3251

He should be asked to join back on last day and then relieved.
From India, Pune
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No, it is not possible to join on 28/02/2018, due to his daughter’s marriage. We need to resolve this matter so that it become example for future in the organisation.
From India, Raipur
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KK!HR
1655

There are several instances in which the employee has to be relieved in absentia. In such cases, the employee is allowed to complete all formalities regarding retirement by his last working day, including handing over charge/office material in possession. He proceeds on leave as planned, and on the retirement day, an order is issued stating that: "On attaining the age of superannuation, Mr. X, Employee no. -----, -------- (Designation), ----- Department, stands relieved of his services in this organization on the afternoon of ../../.. (28/02/18 in this case)," and the rest of the formalities are completed.
From India, Mumbai
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Really, it is a very tricky situation. Normally, the process of joining on fresh appointment cannot be completed in absentia; so is the process of relieving on retirement. However, there may be exceptional circumstances warranting the kind of action as suggested by Mr. KK!HR in respect of retirement.
From India, Salem
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Dear colleague,

I do not see any issue here as I have not come across any legal provisions which require a retiring employee to be present at work on his last day, at least in the private sector. If leave is granted because he is unable to attend on the last day, he can still be relieved in absentia, and his post-retirement formalities can be done subsequently on a mutually convenient date.

Regards,
Vinayak Nagarkar
HR Consultant

From India, Mumbai
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It seems that the Manager has been sanctioned leave to perform his daughter's marriage. That being the case, he can be allowed to avail leave and perform the marriage rather than asking him to be present on his daughter's wedding day. The departmental work of retiring and settlement can be worked out if there are no major issues to settle his account, and formalities completed the next day of his reporting to the office. There may not be any issue as opined by other members.

C. Neyimkhan, HR Consultant

From India, Mumbai
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Dear Rakesh,

There is no big issue on it. You can finish up all the formalities regarding the superannuation on or before 14.02.2018 before the employee goes on leave. If you are apprehending anything foul, an official communication can be made giving details of the situation.

You should close your part on or before 28.02.2018. The matters remaining on the part of the employee can be addressed after 28.02.2018. The leave the employee is availing can be adjusted from the balance E.L, or the management can consider the 25 years of long service to the company. There is absolutely no effect on the employee's retirement benefits except for the leave taken from 15 to 28 Feb.

From India, Mumbai
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