Managing Employee Leaves and Notice Period Extension in Response to Resignation

Dear members,

Ours is an IT services small company, and we have an employee who joined us in November 2014. However, the employee has taken more than 30 leaves within a year due to frequent sickness and an operation. Currently, we provide 21 leaves in a year, which equates to 1.75 leaves per month. For this employee, any leaves taken beyond the allotted quota were deducted from the salary on a pro-rata basis.

Now, the employee has suddenly resigned citing the reason that her spouse is relocating to another state and she needs to move with him. Can we request the employee to extend her tenure with us for the remaining days for which she has received paid leaves?

What does the law state in the case of more than 21 leaves in a year?

Please suggest.

Have you been given 30 days of paid leave, i.e., 9 more days of paid leave than the normal company entitlement? If that is the case, you can recover 9 days' pay from your Full and Final Settlement.

You have deducted the salary for leave above quota. So how can you deduct it again?

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You have deducted the salary for leave above quota. So how can you deduct it again?

Hello Nehuda,

Did you get the period wrong, or is there any point missing? The employee joined in Nov 2014 - not even a year so far. And she took 30 days of leave between then and now - 8 months. Is that right? But you say she took 30 days of leave in a year?

Irrespective of the above aspect, like Saswata Banerjee mentioned, you have already deducted the salary. And even if you didn't, do you think the company will gain anything by retaining such an employee by extending the NP? It could rather be detrimental to the work environment. Just pack her off ASAP and move on.

Regards,
TS

Since the extra leaves taken by the employee had been unpaid leaves and the salary for those days was deducted, we can't bring that issue into the picture anymore. The simple reason, as even suggested by the seniors, is that you can't penalize her twice for the same leaves.

A sudden exit is something no company appreciates, but since she mentions that her husband is shifting, there is little we can do to hold her back. At most, we can ask her to serve the official notice period and then gracefully relieve her.

If the employee has exceeded the maximum leaves allowed as per company norms, the company has the liberty to deduct the salary for those extra days the leaves got extended. You mentioned that the number of leaves deducted was on a pro-rata basis.

I would like to ask if you follow calendar months or financial months when it comes to leaves. If it is a financial month, she must have been credited with 21 leaves from April, so calculate how many pending leaves are there. If it is calendar months, she must have been credited with 21 leaves from January; accordingly, calculate the pending leaves. The reason is she may use the pending leaves to negotiate her notice serving.

Hope this helps.