Leave during notice period in software industry

If Leave was not sanctioned; then what is this deduction?

What is the reason for deduction? Is this deduction shown in salary slip with reason?

If Leave was not sanctioned; then did you still proceed on leave?

Do you copy of leave application, its proof of submission or acknowledgment and declinature in writing?

What was nature of this leave; say CL?

At least I am not aware of any law that leave during notice period can not be availed.

The leave is provided for to meet different kinds of exigencies faced by employee.

The policy on sanction/approval of leave ( application) applied for is to keep the employer also prepared for the absence fo emplopyee due to leave.

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT?

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?

What is submitted by you: Notice of resignation or resignation with immediate effect?

Do you have copy of it and its acknowledgment by employer, its proof of dispatch and delivery by you?

Did you mention notice period/LWD in it?

What is the notice period tendered by you and applicable to you as per appointment letter?

Do you have copy of

Has any appointment letter been issued to you? Is leave policy mentioned in it?   

Has employer been issuing salary slips of each month, Form16, PF number PF a/c slips, ESIC card?

Are you member of any IT/ITeS employee’s/employee’s/trade unions?

Issue has sufficiently been addressed by Mr Kumar Doab.

Hi Kumar Doab,

Below are my comments on the questions you asked.

1. The deduction they want to do in terms of money. Either money will be deducted from salaryor the deduction will be done in FnF settlement.

2. The reason of deduction is just that I am on notice period.

3. If deduction happen from salary then it will be shown as LOP (Leave without Pay). I am not sure whether it will be shown on FnF or not.

4. Yes, I proceed with leave becaue it was rejected on the leave day that too when I was not in office. I applied leave around 20 days before and  My manager didn't had any issue with leave. I handled my pending work properly before leave.

5. Yes, I have copy of leave application with date of submission. And also the leave reject date with reason.

6. It was CL-Planned Leave.

Hi Kumar,

More answers to your other questions:

1. What is your designation and nature of duties? : Team Lead, Software development

2. How many persons report to you?: No one report to me 

3. Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? : NO

4. You are in which state? : Maharashtra

5. Since how many months you are working?: More than 4 Years

6. What is submitted by you: Notice of resignation or resignation with immediate effect?: I have resigned from job and ready to serve the notice period as per company policy.

7. Do you have copy of it and its acknowledgment by employer, its proof of dispatch and delivery by you?: Yes, I have copy of resignation email along with acceptance from employer.

8. Did you mention notice period/LWD in it?: The Acceptance from employer mentioned the notice period and I am ok with it.

9. What is the notice period tendered by you and applicable to you as per appointment letter?: 3 Months

10. Do you have copy of Has any appointment letter been issued to you?: YES

11 Is leave policy mentioned in it? : Yes, but they didn't mentioned that employee cannot take leave during notice period.

12. Has employer been issuing salary slips of each month, Form16, PF number PF a/c slips, ESIC card? : YES

13. Are you member of any IT/ITeS employee’s/employee’s/trade unions?: No. I am not aware of anything about it. Please give me more details if you have on it.
 

Thanks.

You have posted that:

“Can anyone please suggest me way on this and does Labour Law, Factory Act applicable to Software engineers too.”

You have not replied to:

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT?

How many persons are employed in it?  

You may reply to all points.

The issue is: Generically speaking: Employee should have sanction of leave before proceeding on leave.

And that the leave policy inserted in appointment letter states that; NO leave during notice period?

The HR seems to have zealously implemented the policy: verbatim!

Is your Manager sanctioning authority?

Or is your manager authority to forward the leave application?

Is your manager willing to affirm on record (in writing) that he/she has no issues if you proceeded on leave, on the day/date you submitted leave application and on the close of office hours: a day before date of leave: as you had completed all tasks on hand?

Who has declined to sanction; manager or HR or someone else?

Ref: 6,7,8 as posted by you.

Employee should always mention Notice period tendered by him or her /LWD in notice of resignation. 

You may submit in gentle and amiable manner that you had planned well in advance and submitted the leave 20 days in advance and informed Manger who had NO objection/declinature and you completed all tasks well in advance and left NO task pending…………

and are willing to extend the notice period if required by one day ( if you have already written on it).

You may reply to other points that are left by you so that the matter can be related with applicable enactments.

It may come out that HR has committed transgression and/or has overacted.

Hi Kumar,

1. The establishment is Commercial and nature of business is IT Services and Product Based. There are total 150+ employes.

2. The leave policy inserted in appointment letter doesn't states that NO leave during notice period and HR told me this verbally over phone. But it is not mentioned anywhere in Leave Policy or Rules and Regulations

3. Is your Manager sanctioning authority? : Yes my manager is sanctioning authority but this leave has been rejected by HR manager directly.

4. Is your manager willing to affirm on record (in writing) that he/she has no issues if you proceeded on leave, on the day/date you submitted leave application and on the close of office hours: a day before date of leave: as you had completed all tasks on hand? : YES, he is willing to affirm.

5. Who has declined to sanction; manager or HR or someone else? : HR manager

I will speak to HR once again on this but in case if he do not agree then I want to give him more facts in politely. So it will be better if it mention anything in Law and Is it good to mention that this is not written in agrrement or company policy so you can not deduct money from salary or FnF ?

Thanks

Originally posted by : AS
	Hi, I am a software engineer and currently serving notice period. I want to know that is there any law which states that EMPLOYEE (Software Enigineer) can take leaves during notice period. I think there is no law which prohibits an employee from taking any leave during notice period. I have Applied for leave and that was rejected just before one day of actual leave day. I have not received any relieving date yet. I requested HR many times that instead of Deduction for my leave give alternative. I am also ok with if they want to extend my end date by the number of days I took leave. But HR is not accepting this too and they want to deduct the amount.  Granting of leave is essential during course of employment. Deduction of leave/ salary for taking unauthorised leave is the discretion of the management. It is upto the HR to either extend your notice pay or deduct the amount. They are not supposed to act as per your sweet will and I do not see any illegality performed here. I checked the policies too and there nothig written that an employee can not take leave during notice period. Check my first reply. Leave can be taken provided that proper permission is given. In your case permission was denied. Can anyone please suggest me way on this and does Labour Law, Factory Act applicable to Software engineers too. It will be good if anyone can share the Law Links and statements in case HR is not accepting the request mutually..  As far as I your job descripttion as given by you in other post, I believe you will come within the purview of workman under ID Act and other labour laws. Since you are from IT industry, I believe your company is covered under Shops & Establishment Act. Kindly check the leave rules there.

Replies given in bold. Generally speaking, it looks like you are at fault and there is no illgality committed by the management which can be sorted out legally.

In nutshell you have posted that:

“I have Applied for leave and that was rejected just before one day of actual leave day.

I checked the policies too and there nothig written that an employee can not take leave during notice period…………………. HR told me this verbally over phone. But it is not mentioned anywhere in Leave Policy or Rules and Regulations


The deduction they want to do in terms of money. Either money will be deducted from salaryor the deduction will be done in FnF settlement.

Yes, I proceed with leave becaue it was rejected on the leave day that too when I was not in office. I applied leave around 20 days before and  My manager didn't had any issue with leave. I handled my pending work properly before leave………………………. 4. Is your manager willing to affirm on record (in writing) that he/she has no issues if you proceeded on leave, on the day/date you submitted leave application and on the close of office hours: a day before date of leave: as you had completed all tasks on hand? : YES, he is willing to affirm………………………..

Who has declined to sanction; manager or HR or someone else? : HR manager





1. What is your designation and nature of duties? : Team Lead, Software development 2. How many persons report to you?: No one report to me 

3. Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? : NO

11 Is leave policy mentioned in it? : Yes, but they didn't mentioned that employee cannot take leave during notice period.”
 

First thing First: Obtain in writing from your manager that your applied for leave in principle (verbally) on dated;………and submitted leave application on dated………….and it was approved by him/her on dated……………and forwarded for filing on dated………………

Hope you will get it.

Moreso: It is a matter on facts and record.

Download these and these may become corroborating evidence and of irrefutable nature, in future (if the need be).

It is always beter for employee to have irrefutable evidence.

If employee is expected to apply for leave in advance (as per Leave Rules drafted by employer) then employer is also under obligation to supply the acceptance or declinature sufficiently in advance.

Te leave policy drafted by employer can offer superior benefits as provided in applicable enactments but NOT INFERIOR.

In your case the declinature was issued by HR person and that too was while you had left office to proceed on  leave………………………that was duly sanctioned by your sanctioning authority; Manager.

Here once again you may check if Leave Rules/Policy narrate that Manger is sanctioning Authority…………………………and also does it mention leave sanctioned by Manger can be cancelled by HR person.

And also: The leave application (for CL)   should be submitted by how many days in advance?

And acceptance or declinature should be supplied to employee that has to proceed on leave; how many days in advance?

Relate your case with it.