Sunday 14 July 2019

Leave During Notice Period - Can't be Denied by the Employer

Leave During Notice Period - Can't be Denied by the Employer


One of my friend is working on notice period, he gave me call and ask very interesting query, which i thought to present for all. 

Query - Can Employer Denied Leave application of an employee on the ground of - that employee is serving notice period? 


Answer -  No. (I immediately reverted him) 
An employer can't denied the employee's request for availing leave during the notice period. 
Though I reverted this to my friend but his anxiety didn't came down, he added 

Do you have any supporting for this ?

I reverted - No, currently I'm expressing this on the basses of my understand and experiences in this industry. 

On my trust he accepted this fact, but somewhere this was hammering me in deep, as I present all my statement with required supporting. Thus decided to do some research on this. 

Finally I got it !!!

Here, my statement is supported by the virtue of the Hon'ble High Court of Delhi in the case of Ghanshyam Vs. Delhi Metro Rail Corporation 2007.




6 comments:

Raj said...

Hi Rahul,

So will that be considered as Paid leave or Unpaid leave?

Rahul Kumar said...

As per your choice

Rahul Kumar said...

Dear Vivek,
Shall appriciate your expration if it come with supporting.
Regards
Rahul

Rahul Kumar said...

Paid leave

saurabh karnik said...

Will it increase the notice period?

Unknown said...

What will b the implication if the terms of appointment mentions that no leave during notice pay?
This is on the ground that leave accumulation is due to deneyal of leave during the normal course of service.