Leave Rules and Regulations
Leave rules are generally governed by the Standing Orders of the company and relevant provisions in the Factories Act, Plantations Labour Act, or the Shops and Commercial Establishments Act, as the case may be. Under the Factories Act, an employee is not entitled to any leave during their first year of service but will receive leave with pay in the succeeding year, provided they have worked at least 240 days in the preceding year. Leave will be at the rate of one leave for every twenty days worked.
The Shops and Commercial Establishments Act, being a state enactment, has different provisions for leave under different state Acts. For instance, under the Kerala Shops and Commercial Establishments Act, an employee is entitled to 12 days of casual leave and 12 days of sick leave for 12 months of work. This implies that a probationer is also entitled to casual and sick leaves. Besides casual leave and sick leave, an employee who has worked for 12 months will also be eligible for 12 days of earned leave.
Therefore, it is always fair for the company to grant leaves during the probation period, and it will be against the principles of natural justice to deny leaves to probationers. Apprentices are also eligible to take casual leave and sick leave under the Apprentice Act.
An establishment covered by the Industrial Establishment (Standing Order) Act should have leave rules included in the draft of standing orders; failing which, the same will not be certified by the labor authorities.
Regards,
Madhu.T.K