Can Employees Take Privilege Leave During Probation? Seeking HR Insights on a Unique Situation

Dear HR Associates,

Here I am caught up with a situation that I have never faced before. I want to ask all the experts out there, "Can one employee avail Privilege Leave/Earned Leave during the probation period as well?"

The employee in question here has not been confirmed yet, though he has completed one year with the company, but confirmation was extended.

Your inputs will be highly appreciated.

Best regards,
Usha

Hello,

The earned leave has to be earned! While on probation, the person "earns" leave and it accrues to him but is unable to enjoy the same since many organizations do not grant earned leave during probation! This is wrong, especially in the case you mention the person has completed one year anyway! Therefore, the way I see it, his not being "confirmed" is a technical issue!

I expect the management to grant him Earned Leave based on the following justifications:

1) The law does NOT say anywhere that during probation, an employee is NOT entitled to enjoy earned leave.

2) A decent management should not make an issue of this matter.

3) The law (Factories Act and the Shops Act) require the employer to pay for earned leave on a pro-rata basis if the employee should leave employment for any reason.

Under these conditions, it is only FAIR that the employer in question permits the employee in question to enjoy the leave earned by him.

Is the issue clear? Is the perspective clear? If you have any questions, please ASK!

Regards,

samvedan

July 6, 2009

Hello Samvedan,

Thank you for your inputs. Could you please suggest what the law says on this matter? Specifically, what is the correct procedure regarding PL (Paid Leave) during the probation period?

Best regards,
Usha

Hello,

No law anywhere states that if an employee continues to be on probation (for any reason whatsoever), he shall not be able to enjoy Earned Leave.

The law, however, does state how an employee "earns" Leave. (Ref: Sec 79 of Factories Act and Sec. 35 of Bombay Shops and Commercial Establishments Act along with Rules provided in the said Act)

Refer also Sec. 79 (2), (3), and other sub-sections to learn how the subject of Leave is treated under this law. Similarly, read the entire Sec. 35 and 36 of the Shops and Commercial Establishments Act for the same reason.

It is possible that in the given case the employer is relying on some clause in the Contract of Employment which may be stipulating that "probationers are not entitled to Earned Leave." If such a clause does exist, it is unfortunate, is not supported by law, and therefore the only possible recourse may be at law. It is for the person concerned to decide which way to follow.

Interestingly, the law permits a probation period of just three months, but no one seems to follow this. Often employers are seen to keep extending the probation period of employees for one reason or another! This also is quite unfair. If the extension of probation is for a genuine reason, why deny other privileges and entitlements granted by law to employees?

Such attitudes are incomprehensible, especially in days where the HR seems to be earning its due place in the mainstream of organizational life!!

Regards,
Samvedan
July 8, 2009