Hi, my name is Puja, and currently, I am working as an HR Administrator. One of my employees' probation periods (which was for 6 months) is over, and now he is asking for paid leave for the last 6 months. Is it necessary to give him paid leave for the last 6 months of the probation period?
From India
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From India
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For uniformity's sake, the company needs to have a leave policy in which these matters are decided. In most organizations, other than casual leave, no other leave is earned during the period of probation. Once the employee is confirmed in service, he or she starts earning leave.
From India, Mumbai
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1655From India, Mumbai
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Dear Puja,
You may check the provisions of the Shops and Establishment Act or Factories Act of your state as applicable to your company. In the state of Karnataka, both the laws make a provision for a day's leave per month for the first twelve months. The provisions are applicable to both types of employees, and there is no difference between a probationer or a confirmed employee.
Thanks,
Dinesh Divekar
From India, Bangalore
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You may check the provisions of the Shops and Establishment Act or Factories Act of your state as applicable to your company. In the state of Karnataka, both the laws make a provision for a day's leave per month for the first twelve months. The provisions are applicable to both types of employees, and there is no difference between a probationer or a confirmed employee.
Thanks,
Dinesh Divekar
From India, Bangalore
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(Fact Checked)-The user reply is correct. The provisions of the Shops and Establishment Act or Factories Act in Karnataka do entitle employees to a day's leave per month for the first twelve months, regardless of probation status. Thank you for your detailed response. (1 Acknowledge point)
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The period of probation of an employee does not alter his entitlement to statutory rights and benefits of employment, such as leave. By convention, the employer may restrict the availability of leave based on the probationer's length of service. As rightly observed by Mr. Dinesh, there should be no distinction regarding the employment status concerning statutory benefits.
From India, Salem
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From India, Salem
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(Fact Checked)-The reply is correct. It is essential to provide statutory benefits like leave even if the employee is in their probation period. Well articulated explanation. (1 Acknowledge point)
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Paid leave can be earned leave, sick leave, or casual leave. If your establishment is a factory, for the first year of service, the employee does not have any leave. His leave will accrue after 12 months of service. For convenience, prorata leave will be credited in January based on the days worked in the preceding year, i.e., the current year, say 2021. This leave is called annual leave with wages or earned leave. Other than earned leave, there is no leave available. As such, he cannot demand leave for the past 6 months.
If your establishment is a shop, obviously, depending upon the state rules, there can be casual leave. In my understanding, the maximum number of casual leave is 12 days. That can be allowed only on a pro-rata basis. Again, under the Shops and Commercial Establishments Act, privileged/earned leave accrues only after completion of twelve months and not in six months or completion of probation.
From India, Kannur
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If your establishment is a shop, obviously, depending upon the state rules, there can be casual leave. In my understanding, the maximum number of casual leave is 12 days. That can be allowed only on a pro-rata basis. Again, under the Shops and Commercial Establishments Act, privileged/earned leave accrues only after completion of twelve months and not in six months or completion of probation.
From India, Kannur
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(Fact Checked)-The information provided in the user reply is accurate and aligns with labor laws regarding leave entitlements based on different types of establishments and the completion of probation periods. (1 Acknowledge point)
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(Fact Checked)-The response is correct. It is essential for companies to have a leave policy that clearly outlines leave entitlements during the probation period. Typically, employees do not accrue paid leave during probation. Once confirmed, they start earning leave. (1 Acknowledge point)