Leave during Notice Period in India: All you need to know

Leaving a job can be a tough decision, and even tougher is to serve the notice period that comes along with it. In India, a notice period is a mandatory period of time that an employee must serve after giving notice of their resignation. This notice period is usually specified in the employee’s contract^[1] and can range anywhere from 1 to 3 months. During this period, an employee is expected to continue working as usual, but in some cases, they may need to take a leave. In this blog, we will go through all you need to know about asking for leave during notice period in India.

What is a Notice Period?

A notice period is a specific time frame during which an employee must continue to work for their employer after resigning from their job. This period gives the employer time to find a replacement for the employee, transfer work, and make necessary arrangements for the employee’s departure. Understanding the notice period, its legal implications, and the consequences of not serving it is crucial for employees in India. 

When can an Employee Ask for Leave during Notice Period?

Employees can ask for leave during notice period if they need to take time off for personal or medical reasons. In such cases, the employee must inform their employer of their request and provide proof of the reason for the leave if required. It is important to note that the employer may not always agree to the employee’s request for leave and may require the employee to continue working during the notice period.

Can Employees Take Leave During Notice Period in India and for How Long?

Let’s understand what the law has to say about it and how long you can take a leave. 

Length of the Notice Period: Since it is specified in the employment contract and can range from 1 to 3 months. The employee can take leave during this period, but it will reduce the number of days they need to work during the notice period.

Reason for Leave: The reason for the leave will also determine the length of the leave that can be taken. For example, if the leave is for medical reasons, the employee may be entitled to take a longer leave, but they will need to provide a doctor’s certificate to support their request.

Company Policies: Each company has its own policies and procedures for granting leave during notice period. Some companies may allow employees to take leave for personal reasons, while others may only allow it for medical reasons. The employee should check their employment contract and company policies for more information.

Employer Approval: The final decision on whether to grant leave during notice period rests with the employer. They may approve the leaves if it is for a valid reason, but they may also require the employee to continue working during the notice period if they feel it will cause disruption to their operations.

Laws that Employees in India should be Aware of 

Coming to the laws. There is no specific law that governs the granting of leave during notice period. However, the provisions for leaves during notice period are usually outlined in the employment contract, company policies, and labour laws. Here are some of the relevant laws that employees in India should be aware of when asking for leave during notice period:

1. The Industrial Disputes Act, 1947: This act equips for the termination of employment and the notice period employees must serve before leaving their job. The act also provides for the right of employees to march ahead for taking leave during notice period for valid reasons, but it does not specify the length of the leave that can be taken.
2. The Shops and Establishment Act, 1963: This act governs the working conditions of employees in shops and commercial establishments and provides for the right of employees to take leave for personal or medical reasons. The act does not specify the length of the leave that can be taken during the notice period.
3. The Factories Act, 1948: This act governs the working conditions of employees in factories and provides for the right of employees to take leave for personal or medical reasons. The act does not specify the length of the leave that can be taken during the notice period.
4. The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952: This act provides for the maintenance of provident funds for employees and includes provisions for leave during notice period. The act does not specify the length of the leave that can be taken during the notice period.

How to Ask for Leaves during Notice Period?

To ask for leaves during notice period, the employee must inform their employer in writing, explaining the reason for their request. The employee should provide proof of their reason for the leave. The employer may then decide whether to grant the leave or require the employee to continue working during the notice period.

There may be several reasons one might need to take leave: personal or medical. Asking for leave during notice period can be a complex process, but with the right approach, it can be done smoothly. Here are some ways to ask for leaves during notice period in India:

1. Write a formal request letter: The employee should write a formal request letter to their employer, explaining their reason for the leave and the dates they would like to take off. The letter should be professional and concise and provide all the necessary details.
2. Schedule a meeting with the manager: The employee can schedule a meeting with their manager to discuss their request for leave during notice period. During the meeting, the employee should clearly explain the reason for their request and provide proof of the reason if required.
3. Use email communication: Email communication can be an effective way of asking for leave during notice period. The employee should send an email to their manager outlining their reason for the leave and the dates they would like to take off.
4. Provide evidence: If the leave is for medical reasons, the employee should provide a doctor’s certificate to support their request. It will help the employer understand the situation and make a more informed decision.
5. Be flexible: If the employer agrees to the leave, the employee should be flexible and cooperate with their employer’s arrangements. If the leave is for personal reasons, the employee should try to find a replacement for their work during the notice period.
6. Remain professional: The employee should remain professional and courteous throughout the process of asking for leave during the notice period. They should avoid making demands or ultimatums and instead focus on discovering a mutually beneficial solution.

Summing Up 

Employees in India can take leave during the notice period, but the length of the leave will depend on several factors. The final decision on whether to grant a leave rests with the employer, and the employee should communicate their request in a professional manner. 

So, asking for leaves during notice period in India requires careful consideration and a professional approach. By following the above steps, employees can increase the chances of their request being approved and ensure a smooth transition from their job. It is crucial for the employee to understand their rights and obligations during the notice period and to communicate their request to their employer in a professional manner. By following the guidelines and working with their employer, employees can ensure a smooth transition and maintain good relations with their former employer. To learn more about leave patterns, hiring trends, HR Terms and IT recruitment services, keep reading our blogs.

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