Labour Law & Hr Consultant
Nagarkar Vinayak L
Assistant Manager - Hr

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Dear Team,
I have a query regarding leaves during probation. If as an employee I have completed my 3 months probation. So after probation I am allowed to take 1.5 leaves in a month apart from Saturday & Sunday. I want to know what about my leaves during probation which I have taken or not taken. If taken then it will get deduct from my salary and if I have not taken any leaves, then company should give me those 1.5 leaves of every month or not.
Can anybody help me with this immediately. I need to answer my employees.
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Dear Rajni,
In the tenure of a person's long-lasting contract of employment, probation and confirmation are the one time consecutive phases. The only significant feature of these two phases is that confirmation follows successful completion and declaration of probation and not vice versa. That apart, the benefits flowing out of the terms and conditions of employment are the same and so are the application of leave provisions which form part of the spectrum. Therefore, there is not even an iota of change in the statutory application of leave provisions during the two phases of employment tenure of an employee.
Contrarily, the actual practice differs. As probation is an evaluative phase of employment the result of which could be anything like confirmation or discharge simpliciter or extension of probation of the individual, generally, probationers are allowed leave proportionate to the length of service actually rendered by them. Therefore, probationers are sanctioned leave subject to this restriction only and not flatly denied.
Leave is only a welfare measure aiming at enabling the employee to discharge his incidental personal and societal obligations on the one hand and rejuvenate himself/herself by the enjoyment of considerable leisure so as to maintain his/her optimum level of employability on the other. That's why there are two kinds of leave viz., accruable and lapsable. Earned leave or Annual Leave with wages the accruability of which is based on the actual no. of days worked in the previous year and can be accumulated to some limit is an accruable leave. Casual leave, Sick leave etc., are lapsable leave as they get lapsed within the calendar year itself. The general rule is that leave can not be claimed by the employee as a matter of right and it is subject to prior sanction of the employer based on the exigencies of work only. But always considerate exercise of the discretion is expected from the employer. The exceptions are maternity leave and medical leave on prolonged illness.
I want to know whether company is allowed to remove leaves of probation ?
Or it is compulsory to give after completion of probation. Because as per my experience every company credited my leaves after completion of probation.
But my current company is saying no we don't give probation leaves after confirmation of an employee, so whether it is valid or not. Is there any act which anyone can share with me.
Dear colleague,
In addition to broad legal and practice perspective given by Mr Umakanthan, I would like to add:
1 I think,you are referring to privilege leave during probation.🎂
2 There are two aspects , one is etitlement and availing of leave. During probation one is entitled for the PL at the statutory rate but for availing the same he is govern ed by the leave rules of the establishment which differ in each company.
3The year for the PLis calendar year and those who join in-between the year earn pro-rata PL.
4. Generally , practice is to allow leave to be taken after confirmation or after completion of one year's service.
5. In case of termination of service during or at the end of probation period, all un availed PL is required to encashed.
6. You certainly earn the privilege leave during your probation but when to avail of it is governed by your company's rules.
Vinayak Nagarkar
Thank you for your points and valuable time.
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