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
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
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.
20th September 2018 From India, Mumbai