How Does Taking Leave During Probation Affect Your Job Security and Evaluation?

What happens if someone takes sick/annual leave during the probation period.

If an employee takes sick or annual leave during the probation period, it is essential for the employer to follow the company's policies and procedures regarding leave during probation. Typically, employees are entitled to take leave during their probation period; however, the impact on the probation period and the employee's performance evaluation may vary depending on the company's policies.

Taking leave during the probation period should not automatically result in a negative outcome for the employee. Employers should assess the situation on a case-by-case basis and consider factors such as the length of the leave, the reasons for taking leave, and the employee's overall performance during the probation period.

Communication between the employer and the employee is crucial in such situations to ensure clarity on how the leave will be managed and how it may affect the probation period. Employers should provide clear guidance to employees on their rights and responsibilities regarding leave during the probation period to avoid any misunderstandings or conflicts.

Employees are allowed to take certain sick leave during the probation period of six months. Normally, it is 1 day for every month.

Annual leave is accrued annually and can only be taken after completing one year with the organization.

I hope this helps.

New joining employees on probation are eligible for sick leave and casual leave for unforeseen events. Annual leave, which is known as Privilege Leave (PL) or Earned Leave, may be derived from the provisions of the Factories Act and is accumulated on a pro-rata basis of working days. After finishing probation, an employee may apply for such leave depending on circumstances, and based on management confidence in the employee, the management may allow the employee to avail of leave in advance.

Regards,
Sawant

Thank you for your responses. One more query: What happens to the staff who take leave during the probation period and either the employee leaves the company or is terminated by the company within the probation period? Are they entitled to leave benefits since they have not completed the probation? I have a clause in the Annual Leave policy that states, "Employees are not allowed to take leave during probation."

It is always better to stick to rules for prevention which is better than cure because this will set a wrong precedent and you will be in trouble. During probation, no leave shall be allowed, but he may be allowed Casual leave or sick leave if you have any such provision for such leaves other than Privilege or Earned Leaves.

Regards,
Sawant

I am in total agreement with Mr. Sawant. During the probation period, you can provide casual/sick leave to an employee on a pro-rata basis, and the earned leave (EL) or privilege leave (PL) can be taken by the employee only after completing one year of service with the company.

Dear all,

I do not feel that as per the Factories Act, one-year service is a must to earn leave. Please refer to Section 79(2) of the Factories Act.

According to the Factories Act, an employee cannot get any annual leave in the calendar year he joins the organization. The next year, he will get leave accumulated from the previous year. For example, if one joins in September 2008 in the organization, he will be entitled to earn leave in January 2009, provided he has worked more than two-thirds of the working days in 2008. This is a provision in the Factories Act.

If you have given advance earn leave and the employee has been terminated, then there is no problem; you are not required to pay encashment for that leave. Otherwise, you have to pay encashment. There are no restrictions for CL/SL.

Thank you.
J.S. Malik