Can we take leave during notice Period ?

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Can we take leave during notice Period

Can we take Leave during notice Period ?

Yes, you can take medical leave,earned leave from your office during notice period .

In one of the Judgement passed by the Delhi High Court . The Court said that Employee can take leave during notice period . If nothing is mentioned in appointment letter which Bar the Employee from taking leave during notice Period .

If you want to get your leave approved then lot depends upon the type of leave you want to apply .

In the Corporate Offices the types of leave granted to the employee are :

  • Casual Leave
  • Sick Leave
  • Earned Leave
  • Other Leave 

What is Notice Period ?

Your notice period will begin as soon as you file for resignation from your employer. The notice period is the amount of time that the business has to find a successor for you and transfer all of your responsibilities and the company’s professional assets to that person.

Can I take Sick Leave During Notice Period ?

  • Yes , You can take the Medical cum sick Leave during notice period . The Medical leave is provided in case of accident and on any ground of sickness .
  • These type of leave are mandatory by the Law on Employer .
  • In Case you are applying for medical leave more then 3 days . Then the employer may demand for medical certificate .

Can I take earned Leave During Notice Period ?

Yes , You can take the earned during notice period .  The ability to take earned leave during the notice period in India can depend on several factors, including your employment contract, company policies, and labor laws applicable to your specific situation. Here are some general guidelines:

  • Company Policy: Many companies have policies that govern the use of earned leave during the notice period. Some employers may allow employees to utilize their accrued leave, while others may restrict or prohibit it.
  • Employment Contract: Your employment contract may contain specific clauses regarding the utilization of earned leave during the notice period. It’s essential to review your contract to understand any such provisions.
  • Labor Laws: Labor laws in India, particularly the Industrial Employment (Standing Orders) Act, 1946, do not specifically address the issue of taking earned leave during the notice period. However, labor laws in India are often interpreted in conjunction with company policies and employment contracts.
  • Negotiation: You can discuss your intentions to use earned leave during the notice period with your employer or HR department. Some employers may be willing to accommodate your request if it aligns with their policies and doesn’t disrupt business operations.
  • Encashment: In some cases, if your employer does not allow you to take earned leave during the notice period, they may offer to encash your accumulated leave. This means you’ll receive payment for the leave you haven’t used.

To ensure you understand your specific rights and obligations regarding earned leave during the notice period, it’s crucial to consult your employment contract and discuss the matter with your HR department or legal advisor.

Company policies and practices can vary, so the rules may differ from one employer to another.