Is It Fair to Deny Leave During Probation? Seeking Advice on Standard Practices

I am working in the manufacturing division of a limited company. The leave policy we are following is:
- PL: 16
- CL: 7
- SL: 7

None of the above is given unless completing the probation period of 6 months. Is it correct? If not, may I know what is the standard practice to be followed? Kindly advise.

Regards,
Deepa

Dear,

In our company, until 6 months ago, no leave was allowed. They provide 24 PL but no SL or CL. So, it totally depends on the company.

Neetu

A common practice in most corporations is that a new employee is not allowed to take PL before completing the six-month probation period, but he/she can take CL or SL during that period.

Thank you.

Dear Deepa,

As per the majority of corporate leave policies, staff can avail CL/SL (proportionately) during the year. However, they are not entitled to avail PL (Earned Leaves) until they are confirmed. These leaves are accumulated in their account, and once they are confirmed, they can avail the benefit of the same.

Regards,
Sandip

What about the CL and SL? Before confirmation, i.e. probation period is a minimum of 6 months in every company. So, during the probation period, you are not liable to take any leave, and it will be deducted from your salary.

It is acceptable that leave policy differs from company to company, but what does our Indian law say on leave policy? Can anybody shed light on this matter as per our Indian law, such as:

- How many earned leaves (EL) can an employee accumulate?
- According to the law, how should EL be encashed for an employee?

Kindly help.

Thanks & Regards.

The leave encashment policy that we are following is as follows:
- Basic/30 * number of PL to be encashed.
PF deduction is applicable on the leave encashment, which is 12% up to Rs. 6500, and Rs. 780 flat above Rs. 6500.

Regards,
Deepa

As per government regulations, a minimum of 7 CL, 7 SL, and 20 working days (equivalent to 1 PL) shall be granted to adult workers. The exact entitlement may vary from company to company, but it should not be less than the amounts mentioned above.

Upendra Chaturvedi
09999360059

Dear All,

I am also working in a manufacturing concern, and we have a similar set of 7 CL and 7 SL in a year, but the same is credited before the probation confirmation of an employee.

Regarding ELs, employees are eligible for EL after completion of 240 days in the organization. Alternatively, for the calculation of EL, a member gets 1 leave for every 20 working days. The ELs can be accumulated to a maximum of up to 30 at a time, and if there are more ELs, they lapse. These ELs can be encashed at the time of a member exiting the organization at the rate of basic pay, and PF is not deductible on the same as per a recent Supreme Court judgment.

Cheers,
Parul