1. #1
    Unregistered

    Can I take my earned leave which is pending during my notice period?

    I have worked in this Texas Company for 2 years and I have 26 earned leave pending. The company will not pay this leave for cash. Neither will they be forwarded as I am resigning this job. Can I take this earned leave while I am in notice period? It’s total of my notice period which means I need not serve anything. What should I do in this case? Please suggest.

  2. #2
    looser Array
    Join Date
    Jul 2012
    Posts
    619

    Re: Can I take my earned leave which is pending during my notice period?

    Hi friend,

    As you need to serve notice period most of the companies wouldn't allow the employees to make use of their earned leaves against notice period.

    But it mainly depends upon the company's policy framed my friend.

    Adjustment of your earned leave against notice period is as per your company policy.

    Some companies they will allow their employees to make use of their earned leaves in the notice period.

    And some companies do not allow to make use of those leaves.

    Certain companies allow this and certain does not as a part of the policy to insist the smooth handover as well as to show their loyalty towards the employer before separation.

    However there is nothing on this notice period servence as statutory.

    As a part of statutory, all the accrued Earned leaves need to be encashed which is a part of an employee rights.


    Hope i have helped you in getting relevant information.

    All the best

    Thanking you....


  3. #3
    Ashok Array
    Join Date
    Jul 2012
    Posts
    2,293

    Re: Can I take my earned leave which is pending during my notice period?

    Dear Aspirant,

    You can utilise the earn leave during the notice period because you would have got full pay if you had been on this kind of leave before the notice period.The purpose of notice period is to settle all sorte of your financial accounts as to PF,gratuity.insurance etc.Get prior permission from the management before proceeding on leave.In order to get prior permission you can talk the manager HR.

    Thanks.


  4. #4
    sdeb Array
    Join Date
    Sep 2012
    Posts
    142

    Re: Can I take my earned leave which is pending during my notice period?

    Please speak to HR or check the company policy. Generally earned leaves should be paid to you as part of Full and Final Settlement.
    Once you resign after serving notice period you will be relieved from company. During that period your salary, arrears,claims, earned annual leaves will be calculated
    as part of Full and Final settlement and will be paid to you in 45 days from your last day in organisation.

    Generally you are not allowed to take any leaves while serving the notice period, as you will be expected to do knowledge transfer during that time.

    So my suggestion is speak to HR, hope they would settle it in Full and Final Settlement.

  5. #5
    SKS Array
    Join Date
    Sep 2012
    Posts
    331

    Re: Can I take my earned leave which is pending during my notice period?

    You need to check the exact rules of this Company with regards to Using Earned Leaves in lieu of serving Notice period
    Normally in most of the comapnies where they dont allow to use EL in place of Notice period , they pay for the leaves
    But In your case, if you HR allows you to do this , than you can use your EL and dont serve the notice period.

    Also its my advise, that whenever , you join any company, you should be aware of all the rules and regulatiuons and policies of the company, so that you can utilise it for your benefit.
    Like in your case, if HR doesnnot allow you to use your EL, than you lose 26 days off leaves.
    If you had know about it in advance, you could have taken this leave before your resignation.

  6. #6
    deepsikha03 Array
    Join Date
    Sep 2012
    Posts
    60

    Re: Can I take my earned leave which is pending during my notice period?

    Yes ,you can the earned leaves during the notice period.
    Because if you will do so then you will get the full payment and it will not be deducted from your salary.
    But some companies do not allow or grant any leaves during the notice period.
    so its better to have a word with your HR and make it confirm before you take the leave.

    Regards

  7. #7
    Devi.career Array
    Join Date
    Dec 2012
    Posts
    491

    Re: Can I take my earned leave which is pending during my notice period?

    Hello friend,
    you can take earned leaves any time irrespective of your notice period or any such situation.this is credited to your account in every month so you can take it any time you want.
    Thank you.

  8. #8
    varshu Array
    Join Date
    Jan 2013
    Posts
    240

    Re: Can I take my earned leave which is pending during my notice period?

    hello friends..

    @ Yes,you can take the Earned leave during the pending Notice period

    @ you will take until the conformation of notice period

    @ earned leave is a leave which can not be count in the salary

    @ you can take at any situation

    all the best

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