Leave during notice period

Submitting leave application during notice period is NO misconduct.

Mention reason in Leave application and submit under proper acknowledgment.

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Has employer issued acknowledgment of notice of resignation and do you have POD?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all years, ESIC card,?

Has employer declined to sanction leave and if yes what is the reason posted and is it in writing?

Hi,

Thank you for your response. Here is answers to your questions.

What is this establishment; Commercial, Industrial? Answer: Commercial

What is its nature of business say; IT, ITeS? Answer: IT

How many persons are employed in it? Answer: 300+

What is your designation and nature of duties? Answer: IT Consultant. Duties include client interaction and technical documentation

How many persons report to you? Answer: None

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? Answer: No

You are in which state? Answer: Noida, UP

Since how many months you are working? Answer: 1.5 years

Do standing orders (model/certified) apply to establishment and your designation? Answer: No

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Answer: 2 months. It stated that service can be terminated by giving 2 months notice in writing or payment of basic salary or in lieu thereof.

Has employer issued acknowledgment of notice of resignation and do you have POD? Answer: Yes. 

Was ever any stinker, memo, show cause notice on any misconduct issued to you? Answer: No

Are you a member of employee’s/trade unions?  Answer: No

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all years, ESIC card,? Answer: Yes

I hope above information will help to you give me more informed suggestion.

Thanks in advance.

You have left some points.

Has employer declined to sanction leave and if yes what is the reason posted and is it in writing? Answer: I have not applied yet. Just wanted to know the implications.

I think now i have covered all the points.

Thanks.

As on date you have NO issue.

Submitting leave application during notice period is NO misconduct.

Mention reason in Leave application and submit under proper acknowledgment.

Apply your rapport,goodwill with leave sanctioning authority.

Generically speaking: Some establishments/Some employers/some attorney's in HR-Lega cell-Line Management,,,,,,,, may have view point that: NO leave during Notice period.

Some may even insert this private opinion in appointment letter/HR policy/employee handbook etc etc.................

If you leave balance that can not be encashed you may exhaust it.

However prefer to remain gentle and amiable and build irrefutable (written) record. 

You may also relate with Shops & Estbs Act of UP and rules framed under it. 

You are on a notice period of just 2 months. What is the use of asking about the legal position. You just go and ask the employer. You explain to him everything. If he says 'yes', take leave and go. If he says 'no' either serve the notice period on duty or just bunk and face the consequences. There is no use of searching for the legal position to decide what to do within 2 months. You will spend your 2 months answering questions here.

The Act and Rules of applicable enactments are clear.

The leave entitled can be claimed.

Employee should submit leave application under proper acknowledgment.

It is not the time to quote judgments or provisions.

Leave for ceratin occasions/exigencies is granted.

Remain gentle and amiable.