A new leave cycle has started in many private companies in 2026. There are more long weekends, so people are planning holidays. But the question is, if the holidays exceed or the medical leave ends, can the job be lost? According to legal experts, merely taking more leave than the prescribed leave does not result in loss of job. But if the employee's accountability is less, is not giving correct information and work performance is also not good, then excessive leave can become a reason for termination of employment.
According to Delhi High Court lawyer Grahita Aggarwal, merely being ill or taking leave frequently is not a misconduct in itself. Employment can be terminated only if the leave is too long or is happening repeatedly. Work may be getting affected due to this. The employee has been given prior notice. Have been given a chance to reply. If necessary, medical examination should be done. Salary has been given during the notice period or in its place. Termination of employment without following these rules will be considered illegal.
Under the Industrial Disputes Act, 1947, termination of employment due to long-term illness is not considered retrenchment. That is, in such a case, it is not necessary for the company to pay compensation according to 15 days' salary for every year of service. But the illness must be real and of long duration. Must have medical documents. The employee should get a chance to respond. It is necessary to give at least 30 days' notice or pay money in its place.
If an employee has resigned and is within the notice period, usually the company does not cancel the resignation and terminate the employee simply because of taking leave, unless there is a serious reason.
If all the paid leave has been exhausted, there is no fixed rule for how many days leave without pay can be taken. It depends on company policy and circumstances. Experts advise that if you want to take more days of leave, take permission in writing. Write clearly that leave is without pay. Set a return date: Just taking too much leave will not result in immediate job loss, but prolonged absence without prior notice or poor performance can create problems. Therefore, it is always important to have clear communication, correct documentation and follow company policy.