Leave During Notice Period India: Rules & Approval
By Business Desk
Understand your rights and employer’s policies on taking leave during your notice period in India. Get explicit approval to avoid issues.
Leaving a job often comes with a notice period, and many employees wonder about taking leave during this time. In India, employees can apply for leave, but it’s not an automatic right; **employer approval** is always necessary.
The ability to take leave during your notice period depends entirely on your specific employment terms. This includes your **appointment letter**, the company’s **service rules**, its **leave policy**, and any applicable **standing orders**.
Navigating Leave Requests
While you can request leave, simply having unused leave balance does not grant automatic approval. It is critical to submit all leave requests in writing and secure **explicit approval** from your employer.
Crucially, an employer’s silence or lack of response should never be interpreted as consent. Taking unauthorized absence could lead to serious disciplinary actions, including the potential loss of pay.
Understanding Concurrency and Court Rulings
A key question is whether approved leave can run at the same time as your notice period. Generally, this is allowed, unless your employment contract or service rules specifically state otherwise, perhaps through a **non-concurrency clause**.
Court cases have offered different interpretations. For instance, **Ghanshyam v. DMRC (Delhi High Court, 2007)** supported concurrent leave when no explicit prohibition existed. However, the Supreme Court ruled differently in **CAMPCO Ltd. v. B. Vishnu Murthy (2022)**, where service rules clearly forbade such an overlap.
Consequences of Unauthorized Absence
The distinction between sanctioned and unsanctioned leave is vital for employees. Unapproved absences can result in significant disciplinary measures, as seen in cases like **State of Punjab v. P.L. Singla (2008)**, which deemed unauthorized absence as misconduct.
However, courts also consider the circumstances. In **Krushnakant B. Parmar v. Union of India (2012)**, authorities were required to assess if an absence was willful, especially in situations involving illness or genuine hardship. Always communicate medical emergencies promptly and provide appropriate evidence.
Employee’s Best Practices
Employees should never assume their unused leave will be automatically adjusted against their notice period. It is essential to thoroughly review your appointment letter, standing orders, service rules, and the company’s leave policy.
Always obtain written approval for any leave taken during your notice period. While sanctioned leave may count towards the notice period if no rule prohibits it, unauthorized absence carries potential disciplinary and employment consequences that can complicate your exit.