Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Loginmiraclelogistics
Asso.prof.(commerce & Management)
+1 Other

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Hello, Could anyone please tell me if the probationers are entitled for sick leave during the 1st year of probation (total 2 years of probation period). My establishment is a private multi-speciality hospital in Karnataka. The services rules of the hospital does not expressly speak about sick leaves for employees on probation during probation period. Also the Karnataka Shop & Commercial Establishments Act 1961 does not speak about employees on probation or employed as trainees. Requesting Expert's advise on this matter. Any help will be greatly appreciated.
Karnataka Shops and Commercial Establishments Act has provided for granting of 12 days of Cl and 12 days of sick leave to every employee during a year of 12 months. Besides this 12 days of EL should also be given once 12 months of service is done by an employee. It is very clear that any every employee is entitled to 12 days CL and 12 days of SL during his first year of service. An employee means an employee on probation or a trainee other than apprentice under the Apprentice Act. As such a probationer or trainee is entitled to the above leaves without any doubt.
Madhu.T.K

Thank you for your reply, Madhuji. From you reply I understand that an employee is entitled for sick leave even during the probation period and the completion of 1 year of service is irrelevant for calculating CL & SL. I also understand that, It is only for the purpose of EL the employee has to under go at least 1 year of service. As the name itself states he has to earn the leave by being in service for minimum 1 year.
Appreciate your prompt reply to my concern and clarifying the issue. Thank you once again.

Hi,
As per Shops act, Employee is eligible of 12 CL/SL (It can be 6 SL and 6 CL) and 15 PL/EL per calendar year.
Most of the companies are not allowing their employees to avail PL or EL for the first year tenure, but definetly employee is eligible to avail SL during the probation period

Most of the shop and establishment acts provide for leave on an annual basis.
You are entitled to leaves as per the rules / act after completion of a year.
Again most of the states provide for leave to be applicable from January 1 of each year.
Most states also allow partial credit on January 1 proportionate to the number of days worked. Usually there is also the specification of minimum days worked till January to be entitled to the leaves.
You need to read the relevant provisions of the act in your state to figure out what exactly the rules are for you.

Dear Vijay,
There are various practices followed by various establishments. As you rightly understood, there is no hard & fast rule to govern specifically employees on "probation". Generally believed an employee on 'Probation' (or on training) is not expected to avail any regular leave excepting on emergencies. Many establishments have their Leave policy common to all including those on probation. It's reasonable. Whereas, on the contrary some establishments stipulates that, a probationer can avail all types of leave but the probation gets extended by those no. of days one avails leave during their probation period. Both have their own merits. However I don't think 'Trainees' have such an impediment. Training period is not a 'probation' both are not synonymous to each other.

However, many acts provide for crediting of leave commensurate with "no.of days worked" , say one day for every 20 days worked such as Factories Act, Karnataka Shops & Comml.Estt.Act. and so on. So a plain reading says when a person is considered as an 'employee' he is naturally entitled for leave as any other employee enjoys including a person on "Probation". In my opinion the Law does not distinguish between a person on 'probation' and the other person. I don't think there is a service condition which does not prescribe certain months of probation on the initial appointment with this employer. So every employee starts his/her career only as an 'Employee' who is on a 'probation' for months or years as per their rules. Hence unless and otherwise provided in the service conditions to the contrary this 'probationer' is also entitled to leave in accordance with general leave policy of the (your) establisment/hospital. However as you said your leave policy is silent about this aspect, it's suggested that you should ascertain from your HR about it to have a clear idea, may be they will be able to tell you from how they decided in the past about such matters which shall be binding on you.
You can have further reading on this subject from these links.-
http://karnataka.gov.in <link outdate - home link added> (Read section 15 sub sec.(1) & (3)) /Karnataka%20shops%20and%20commercial%20establishme nt%20act.pdf
www.citehr.com › ... › Human Resource Management
www.citehr.com › ... › Labor & Employee Relations

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