Paid leaves should be given to employees after which period. probation, confirmation or after 1 year.
Our company policy is to give paid leaves after completion of 1 year. one of the employee is arguing that she should be given paid leaves after confirmation.
please guide.
18th September 2018 From India, Mumbai
When the hiree gets employed under the contract of employment, he becomes the employee of the hirer. Therefore, automatically the employee becomes entitled to all the statutory and contractual benefits of employment including different kinds of leave. Probation and confirmation being merely different phases of employment only do not stand in the way of the employee's entitlement to statutory leave benefits. Only Lapsable leave like C.L may be grated on pro rata basis in respect of a probationer based on his actual length of service in the organization at the discretion of the employer. The sanction of non-lapsable leave like E.L alone is subject to the completion of the statutory accrual period by the employee. Therefore and that apart, confirmation or the lapse of any particular time period can not be a criterion for the sanction of statutory leave to an employee.
18th September 2018 From India, Salem
Further to what the learned member has informed, please note that both CL and SL are applicable from the date of joining whereas the EL/PL [paid leaves] is calculated at the end of the year and credited into the account of the employee. If the employee joins during the middle of the year, the calculation will be for the actual period worked. For example if the leaves per year are 15 and the employee joins on 01 June, his/her leaves at the end of the year[Dec 31 of the joining year] will be 15/12x7 =8.75. Subsequently his/her records will be updated every year with 15 days leave on 01 Jan. Probation/ Training period etc does not matter.
Thanks and Regards
19th September 2018 From India, Hyderabad
Leave entitlements are clearly stipulated in Factory Act and in Shop and Establishment Act of the states.
PL or EL are as the act and not after a year.
Col.Suresh Rathi
19th September 2018 From India, Delhi
The learned members have already replied you what is legally correct.
I shall reply only from HR point of view. Most of the companies follow the practice of paid leaves after confirmation i.e. 6 months, not after 1 year. It is correct, as employees should be able to meet out their emergency, domestic, family or health needs etc.
Having employee friendly approach will retain your employees. In my earlier company, we even used to allow probationary employees to take Sick leave (as anyone may fall ill during 6 months). Such leave was paid and being adjusted from their future leave balance.
19th September 2018 From India, Pune
Dear Madam,
In matters of leaves, its entitlement, eligibility and when an employee can avail them are distinctly different matters but are interconnected.
Some Acts like Factories Act, State Shops Act, Maternity Benefit Act prescribe entitlement of privilege leave , Maternity Leave following and in case of Maharashtra Shops Act also Casual Leave.
Year for the purposes of statutory PL is calendar year.
In case of probationer, though leave is accrued to him/her, company's follow different practices. Some grant pro-rata leaves(PL,CL and SL) on confirmation. Some grant PL only after completion of one year's service.
The rate and quantum of leave is prescribed under above laws which are Minimum and employer is free to better it.
But availing of leave is left yo the policy except in case of ML. Rest of other leaves, it is after confirmation or one year's service.
Vinayak Nagarkar
HR- Consultant
20th September 2018 From India, Mumbai
Paid Leaves Should Be Given To Employees After Probation Period.
3rd November 2018 From India, Jammu
There are no laid down rules on the subject.
However, if we refer to Factories Act, EL is entitled only after 240 days.
Different organisations follow different rules.
We treat them at par with other employees.
Col.Suresh Rathi
3rd November 2018 From India, Delhi
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