1. #1
    Unregistered

    Can an employee take leave during his notice period despite of no leaves pending in his account?

    One of our employees has applied for his resignation. He is serving his notice period and donít have any leaves pending in his account. He wants 2 days leave on urgent basis. What should we do in this case? Can an employee take leave during his notice period despite of no leaves pending in his account?

  2. #2
    Labournet Law Consultancy Array
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    Oct 2012
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    2nd Floor, Patel Complex, Basin Road, Ernakulam, Kerala
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    287

    Re: Can an employee take leave during his notice period despite of no leaves pending in his account?

    An employee has a right to take 2 days leave on urgent basis even though there is no leave available in his credit. The only thing

    is that during that leave period he will not be getting any salary. But since he has given his resignation and he is serving his notice

    period and don't have any leave pending in his account he has no right to take leave. The notice period is given only for the

    advantage of the employer and not for the employee. So we have no duty to give him e day leave. Since it is for urgent basis you

    have to inquire about the urgency for the same and if you thing that it is very much urgent you can very will grant 2 days leave.

  3. #3
    sanju0770 Array
    Join Date
    Oct 2012
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    181

    Re: Can an employee take leave during his notice period despite of no leaves pending in his account?

    Dear..

    One can not take leaves if he or she does not have any leave pending in his or her account. You have to tell him that you can not take leaves as you are serving your notice period and you do not have any leaves pending with you right now.

    But as you said that he has some urgent work and if he or she can not skip that work then you should tell him well in advance that leave for these two days will result into salary cut and you will not get paid for these two days.

    We often have urgent works so its time to act smartly and tell him in advance about the situation and condition of not being paid.

    Hope it will help you

    Cheers...!!!

  4. #4
    Ashok Array
    Join Date
    Jul 2012
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    2,293

    Re: Can an employee take leave during his notice period despite of no leaves pending in his account?

    Dear Aspirant,

    As we know that the notice period is a time to settle the financial accounts of the employee who is going to leave the company after the notice period.During the notice period,when the employee is not having the leave in credit,he can be sanctioned the leave without pay.Any body meets urgency.So the person must be allowed either with loss of pay or with pay.If the concerned employee does not turn up ,he will be loosing the salary for those absent days from the duty.

    So the concerned employee must be granted the two days leave without pay.

    Thanks.

  5. #5
    Chittaranjan Array
    Join Date
    Jul 2012
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    658

    Re: Can an employee take leave during his notice period despite of no leaves pending in his account?

    the employee served notice to the company may require on the urgent basis to take leave from his/her employer at any time.it is the duty of company to grant leave during the period of emergency.later employer can deduct his/her salary in case he/she has no credit of leaves to their leave bank.

    This is the system usage through which employee can demand leave as and when he/she needs.each company should maintain staff to mitigate such problems as and when needed.almost all standard companies are to keep staffs for smooth functioning of the company.

    Thank you,

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