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Anonymous
Currently, I am working in Hi-Speed Logistics Private Limited as a Marketing & Operation Executive for the last 1 month and was intimated that 6 months would be the probationary period at the time of appointment. During this period suddenly, my mother was suffering from typhoid and the doctor asked to shift her to the hospital, but my family members were seeking for 2nd opinion from another doctor, and I was bound to take leave for the 7 days. But I produced all supporting documents like the prescription of the doctors to the HR and the Higher Authority and they informed me that these would be taken care of and there would be no deduction from my salary for 5 days, provided I have to perform work from home to my assigned duty. Although, the authority deducts the amount of the 7 days from my salary. Can you please show me the proper reason or is there any statutory law in the Indian Act regarding the same?

Madhu.T.K
4193

Being a Logistics company, your establishment is expected to follow the State Act governing Shops and Commercial Establishments. Most of the State laws provide for casual leave and sick leave during the first year of joining. Of which, sick leave can be availed only when the employee falls sick. But CL can be availed even during probation period. But the maximum number of CL that can be availed would be limited to one day or two days, and no employee will be entitled to avail 7 days CL at a time. At the same time, if your work can be carried out from remote/ home, and if you have worked on all these days, it is unfair to deduct salary treating these days as leave without pay. At the same time, if your work from home has not resulted in any gainful contribution to the company, they can take a call, and you cannot demand salary as a right. Moreover, you are on probation, and if you challenge the pay deduction, naturally, the employer can ask you to go. Therefore, I advise, not to go against the decision.
From India, Kannur
kaushik1975
Thanks for communicating and your wise advice, Sir. It will be very helpful for me.

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