HR Dilemma: How Should We Handle Leave Policies for New Employees on Probation?

Dear Guys,

I am working as an HR Executive in a private sector. We are facing an issue with our HR policy. It was implemented only a few months ago (wef May 08), where we included a leave structure of 6 CL and 4 SL, totaling 10 days on average for this year from May. Many employees are currently in their probation period. We have provided more leave days for all employees, including those in the probation period. However, our top management questioned why we gave extra leaves to all employees, mentioning that there should be no leave for new joiners. In our HR policy, there are no specific mentions that leaves are only applicable to permanent employees. I hope you understand my situation.

Please advise me on what I should do. Your immediate response would be greatly appreciated.

Thanks,
Saravanan

Hi Saravanan,

You have to understand that the employees in probation are not entitled to certain employee benefits like leaves, LTA, Mediclaim (not Hospitalization benefits). Even though they are considered as employees, they are still in probation and do not fall under the complete governance of Labor Law. Hence, certain legal benefits are not applicable to probationary employees. If you have included such benefits like leave as you mentioned in your query, it is better that you remove them as soon as possible to avoid further complications from your higher authorities. Try to communicate the same point to your employees so that they can understand you.

Regards,
Sujan.

Hi Saravanan,

During the first year of service, an employee is eligible only for CL and SL, that too on a pro-rata basis. This can be achieved only when you keep track of the leaves taken by all the employees on a monthly basis. Earned leaves are only applicable after the completion of one year of service of the employee with the company.