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Refusal of leave during the notice period.
28-Aug-2023 (In Labour & Service Law)
Having completed more than 10 years with the company, please advise if I can avail of the un-utilised earned /privilege leave I have accrued for this year as they company says that on notice period I am unable to avail of the same and an enashment as well is not possible as per company rule, however they 'may consider' an encashment only depending on a comprehensive hand over. There is nothing mentioned in my contract letter or in the company handbook on refusal of leave during notice period. Awaiting an urgent response as I have already filed my resignation. Thanks in advance
It actually depends on your Company’s leave policy. Most Companies don't allow their employees to avail any vacation or earned leave during their notice period. Anyhow I think the earned leave should be enchased in their full and final settlement.
As far as the central services are concerned, Relevant provisions of CCS Leave Rules that covers eligibility for Earned Leave while in resignation notice period are Rule 9 (1) and Rule 39.Rule 9 (1) CCS Leave Rules provides as follows “Except as provided in Rule 39 and this rule, any claim to leave to the credit of a Government servant, who is dismissed or removed or who resigns from Government service, ceases from the date of such dismissal or removal or resignation.”
It is very clear as per this Rule 9(1) of CCS Leave Rules that after resignation from government service, leave at credit ceases to exist from the date of resignation. The ineligibility availing earned leave on resignation is further confirmed by Rule 39 (1d) to the extent that no leave can be granted by the authorities concerned when a central Government Employee applied for Earned leave beyond the date of resignation from Government Service.
As far as the central services are concerned, Relevant provisions of CCS Leave Rules that covers eligibility for Earned Leave while in resignation notice period are Rule 9 (1) and Rule 39.Rule 9 (1) CCS Leave Rules provides as follows “Except as provided in Rule 39 and this rule, any claim to leave to the credit of a Government servant, who is dismissed or removed or who resigns from Government service, ceases from the date of such dismissal or removal or resignation.”
It is very clear as per this Rule 9(1) of CCS Leave Rules that after resignation from government service, leave at credit ceases to exist from the date of resignation. The ineligibility availing earned leave on resignation is further confirmed by Rule 39 (1d) to the extent that no leave can be granted by the authorities concerned when a central Government Employee applied for Earned leave beyond the date of resignation from Government Service.
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Adv. Siddhant Sharma
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