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I hope this message finds you well. I am writing to seek clarification regarding the company's leave lapse policy, specifically in relation to my recent resignation. I resigned from the company on the last day of November 2024. According to my records, I have accumulated a total of 27 days of leave for 2023 and 2024 (10.5 days from 2023 and 16.5 days from 2024). However, the company's policy states that any unavailed earned leave from 2023 will lapse on December 31, 2024. I understand that the company is neither encashing these leaves nor allowing me to avail them during my notice period. However, I would like to know if this policy is justified and whether there are any provisions under labor laws that could support my case. Additionally, I would like to inquire if the labor court can assist in this matter and if there are any other ways I can seek relief.
Sir, Under the Factories Act and state labor laws, earned leave is a right that cannot be taken away without compensation. If your company refuses to allow you to use or cash out your earned leave during the notice period, it may violate the law. You can file a complaint with the Labor Commissioner or approach the Labor Court for recovery of your dues under Section 33(C)(2) of the Industrial Disputes Act. For further legal assistance contact us on our helpline number.