My Employer Wants to Extend My Notice Period for Taking Leaves—Is This Even Legal?

Community Forums Legal Advice India My Employer Wants to Extend My Notice Period for Taking Leaves—Is This Even Legal?

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    • #55633 Reply
      User_80908553
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        User_80908553
        PARTICIPANT
        February 12, 2025 at 8:23 am
        I recently put in my resignation at my company, where my contract states a fixed two-month notice period. However, my manager is now saying that if I take any leave during this period, my notice period will be extended accordingly.

        I checked my employment contract, but my HR said that not all policies are mentioned in writing—some are communicated verbally in favor of the company. However, there is no official documentation stating that taking leave extends my notice period.

        I even got an email from another HR representative confirming my last working day, and there was no mention of this rule. Still, my manager is being persistent, making it seem like an unwritten company practice.

        At this point, I feel like they’re just trying to trap me into staying longer. I have a few questions:

        1. Can they legally force me to extend my notice period if it’s not in my contract?

        2. What’s the best way to push back without burning bridges?

        3. Has anyone else faced a similar situation? How did you handle it?

      • #55638 Reply
        Yashwantwolf589
        Participant
          Y
          Yashwantwolf589
          PARTICIPANT
          February 12, 2025 at 8:28 am
          What is your notice period in days?

          Have you completed those days , leaves are not counted.

          Even in my company notice period gets extended if leaves taken

          • #55639 Reply
            User_80908553
            Participant
              U
              User_80908553
              OP
              February 13, 2025 at 6:18 am
              60 days, i mailed them to ask for my last working day, they mailed it 17th of March. So, we have two HRs, now the other HR just told me that it can be extended if i take leaves. They don’t have any employees in my team. I and my interns are currently handling everything. I have transferred everything that needs to be handled. I have nothing to do in the workplace now. Now, they want me to take on new tasks.

              • #55640 Reply
                Yashwantwolf589
                Participant
                  Y
                  Yashwantwolf589
                  PARTICIPANT
                  February 13, 2025 at 7:08 am
                  If they have given 17th March, then it’s assuming no leave till that date , if there are any leave, you should extend accordingly.

                  Ask for an early release If you have completed your tasks.

                  If they deny , clearly mail then that new task will be worked upon till you last date only, and they will not hold you responsible if that task isn’t completed till your last date.

                  And lastly do task so slowly that they are forced to give you an early release or find a replacement

            • #55637 Reply
              Ramyafalcon73
              Participant
                R
                Ramyafalcon73
                PARTICIPANT
                February 12, 2025 at 8:32 am
                Bro just serve the notice period with bit of days here and there and finish the story. There is no gain in going legal or picking up fight over everything.

              • #55636 Reply
                Fiercebear7497
                Participant
                  F
                  Fiercebear7497
                  PARTICIPANT
                  February 12, 2025 at 9:14 am
                  This is followed in most service companies (especially in those places which pay money against your accumulates leaves)

                  If your company does not pay money for leaves which are not taken by you, you can ask them to reduce the notice period by that many number of days (this is a request and not a demand. Usually they do accept this if they don’t have policy of paying money against the leaves available for employee)

                  Don’t burn bridges over such small stuff. Complete your notice period and move out.

                • #55635 Reply
                  Luckybear8410
                  Participant
                    L
                    Luckybear8410
                    PARTICIPANT
                    February 12, 2025 at 11:29 am
                    Yep.

                  • #55634 Reply
                    User_96047c20
                    Participant
                      U
                      User_96047c20
                      PARTICIPANT
                      February 12, 2025 at 12:47 pm
                      Honestly – it should be legal.

                      I once had to deal with someone who resigned with a 2 month notice period but literally showed up to work for less than 10 working day in that duration. I Ended up having to figure everything out on my own when having to take over his responsibilities and made my life hell.

                      Idiots like that are the reason companies also tend to be strict during notice periods. My company was too lax to him; I wish it wasn’t.

                      If you’re taking a day or 2 here and there – sure. But passing on responsibilities shown be bare minimum.

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