What if an employee has been taking leaves and then the same employee has to undergo surgery and has to take more leaves. What and how do an employer should deal? Also, the employee is in their probation period than what should an employer treat this?
From India, Pune
Labour Law & Hr Consultant
Management Consultancy

Probation, being a temporary phase and lasting for a specified period in respect of a newly appointed employee to a regular post, is not exempt from the conditions of service and employment benefits applicable to confirmed employees. But it is the general practice of employers by convention to restrict the no of days of leave during probation period so as to ensure continuous on-the-job training or orientation with the organizational work culture. Sudden illness requiring long hospitalisation is an unavoidable situation to any employee irrespective of his status. Therefore, it is a matter of discretion of the employer subject to his exigencies of work and employment policy.

Leave on loss of pay can be granted with proportionate extension of the period of probation or he can be discharged.

From India, Salem

There are cases where some employees during the probation period had to take frequent leaves, however once they crossed their bad phase proved to be real assets to the organisation. You need to decide the matter on its merits. However, if leave was sanctioned in the past instances, then no action can be taken on it. In case you are satisfied on the genuineness of the medical grounds, you can consider the request and allow LWP/EOL and regularise the absence. However if it is felt that the employee on probation is unfit for the organisation, then take action to discharge the probationer on this ground.
From India, Mumbai

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