Can We Extend a Probation Period if an Employee Takes a Month Off? Seeking Advice

Dear Seniors,

I need some information. Kindly provide me your suggestion in the following situation:

If an employee has taken a one-month leave during the three-month probation period, can we extend the probation period by one month?

Regards,

Aadhya

Dear Aadhya,

Can I have the reason behind the long leave taken by the concerned employee? Yes, normally probation periods are extended for a maximum of 6 weeks in organizations. If you have a valid reason for the absence from work of the particular employee, then you shall extend the probation period.

Dear Sir,

It was for a medical reason. The employee was suffering from Malaria.

Regards,

Aadhya

It is at the discretion of the management. If his performance was found to be good, his leave may be considered, and the probation period need not be extended.

Hi,

For health reasons or performance-related issues, we can extend the probation period. (not extending for 6 months)

Yes, I am very much in agreement with pon1965. It is a company's call. Provided he is extremely good at his work, you can always confirm his employment.

Regards

Hi Aadhya,

They have the right to extend the probation period. Firstly, when the employee is in the probation period, they are not eligible to take any leaves.

Thank you,
Priya

Hi Aadhya,

They have a right to extend the probation period. Firstly, when the employee is in the probation period, they are not eligible to take any leaves.

Thank you,
Priya

Hi all,

Priya is incorrect regarding leave entitlement!! An employee is eligible for leaves either during probation or after confirmation. When it comes to leaves, you must refer to the applicable acts for your organization. For example, in the manufacturing sector, the Factory Act and state national & festival acts apply. In shops, the Shop & Establishment Act and state national & festival acts apply.

Regards

Hi, Aadhya,

I suggest setting up the company's HR policy first; I believe this will solve the problem.

PROBATION AND CONFIRMATION

I. Policy

To assess the suitability of new employees for the assigned positions and to secure the services of employees who meet the company's standards of performance during the probation period.

II. Procedure

At the beginning of the probationary period, the HR department will send a Performance Appraisal Format to the concerned department manager, who should set specific goals with the new employee and work out the evaluation criteria for the performance appraisal during the probationary period. Upon the completion of the probationary period, the department manager should review the evaluation items with the new employee. The department manager will make a recommendation on the Performance Appraisal Form for confirmation to permanent employee status.

The department manager should prepare the Personnel Action Form along with the Performance Appraisal Form, forwarding it to the Human Resources Department with the following conclusions:

- Confirmation of permanent employee status
- Extension of Probation, along with reasons for such extensions (Specify the reason)
- Dismissal, along with reasons for dismissal (refer to the procedures for involuntary termination)

The Personnel Action Form and the letter are to be prepared for the General Manager's signature. The final copy of the letter is to be forwarded to the employee, and a copy filed in his/her personal file.

Hope the above helps.

Best regards,

John

Usually, an employee is not allowed any leave during probation. In this case, it was justified for medical reasons. It is solely at the discretion of the employer whether to extend the probation or not, judging by the performance of the said employee.

During the probation period, management wants to evaluate your performance. If you were on leave for 1 month during the 3-month probation period, probation will be extended for 1 month.

Regards,
Ajay Kumar

Hi Aadhya,

Confirmation depends on the performance level, attitude, behavior, organizational commitment, and on-the-job application of skills. It also depends on the KRAs mentioned in the JD. If the employee has proved himself to meet the expectations and level, taking leave on medical grounds should not be a deciding factor for probation appraisal. However, if the employee is not meeting the expectations but achieves the KRAs, then to observe and review his performance, the probation period can be extended.

Lisha

Dear All,

I agree with John.

In case the management decides to extend the probation period for any employee, they need to mention the reasons for the same. If the reason is performance, the employee should be counseled and a Performance Improvement Plan is designed and shared with the employee to monitor and map the employee's future performance over a period of time.

No employer reserves the right to extend the probation or terminate the employee without any reason. However, the employers follow their own policies, not considering the law.

At times, I have observed that employees are asked to leave or terminated, and the reason mentioned is 'Performance Issue.' In case an employee has a Performance Issue, the management needs to counsel the employee and share a Performance Improvement Plan with respect to the mentioned KRAs over a specific period of time. If the performance does not improve, the employee can be given a written warning, and if the performance remains the same, the employee is either asked to leave or is terminated.

I am looking for the court judgment which talks about the extension of the probation period. I will post it soon.

Regards, Rahul Chhabra

Every appointment letter has a clause that clearly defines specific conditions governing the "Probationary Period." The management enjoys certain discretionary powers, and if, in their opinion, such absence from work has adversely impacted the overall work performance of the concerned employee, his/her probationary period may be extended.

Vasant Nair

Hi all,

The extension of the probation period depends on the management, but it should never be correlated with the performance and sickness of an employee as this will have adverse effects on everyone.

Thanks and regards,

Sumit Kumar Saxena
+91-9899669071, 0120-4131277

Adithya,

First, understand your organization's policy regarding leave management. Any employee is eligible for sick leave in the initial 6 months of employment. Also, get to know whether the employee claiming the leave is true or not. Depending on his performance from the past 2 months with a genuine reason for leave, you can confirm the employee. If management is not satisfied with his performance or level of commitment, then you can really rethink the extension of his probationary period.

Regards, Shilpa

Dear All,

I would like to add something to the discussion. Is there anything mentioned in the appointment letter regarding the leave during probation and extension of probation? Kindly review the same.

Furthermore, the management has the right to extend an employee's probation on performance grounds to a maximum of six months. If the employee was on leave for one full month, this can be a good reason for extending the period of probation. Please note that the extension of probation is not a punishment given to an employee. It is just a method to find out whether an employee's performance standards meet the organization's requirements.

More views in this regard are invited.

Dear Pals,

The probation period can be extended in this as a special case, and you need to issue a letter specifying the reason for extension and obtain his/her signature as a token of acceptance.

Thanks,

HC. Subbaramu
HR & Labour Law Consultant
Bengaluru

When an employee is in the probation period, they can't take much more leave because it depends on the organization's standing orders. An employee must provide a valid reason, such as suffering from sickness, being in the hospital due to illness, or encountering an accident. Therefore, employees must provide valid reasons for their leave.

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Hi,

In Nigeria, where I work, the probation period is usually for 6 months. However, if the employee is unavoidably absent from work due to incapacitation, the probation period can be extended for the duration of the absence. Try as much as possible not to set a precedent where others can use it as a reference point in the future.

Regards,
Dorothy

Probation period is a compulsory period for newly joined employees. If there is any shortfall in performance, the employee may be required to extend their period due to taking leave.

The main issue here is whether the employee has completed the probationary period of 3 months - or, in other words, if he was on duty as a probationer. An employee is treated on duty if his leave is due to him and has been sanctioned. So we come back to the question of whether the probationer has any leave due to him, out of which his absence from probationary duties can be sanctioned. We have to check if the employee is entitled to any leave. If he is, then the period of leave can be adjusted with his absence, and the rest of the unadjusted days of absence will be added to his probationary period (i.e., he will have to serve his probation period for the days he was absent).

This is my personal experience when I was on probation, and I was absent for one day. As such, my confirmation was delayed for one day. If you want more clarifications on this issue, you are welcome.

SAFAYA
Consultant (HR & Law)

Probationary periods, extensions of the period based on performance, and variations in company policies may differ across companies.

Probationary Period Clause is included in a standard Appointment Letter. It is a policy matter. The whole idea of a probationary period is to allow the company to get to know the employee better and vice versa.

At times, the company may, at their discretion, treat a new employee as a confirmed employee from day one.

Whether an employee takes leave or is absent for some days during his probationary period are factors that the management will consider when evaluating him/her for confirmation.

It does not necessarily imply that if due to absence or leave taken during the probationary period, the said probationary period will be correspondingly extended as a rule. It is a management decision. They may choose to do so or not.

There may be exceptions where the management may decide to shorten the probationary period and confirm an employee even before he/she completes the probationary period. It is a policy matter, and decisions will be made according to the guidelines provided therein.

Best Wishes,

Vasant Nair

Probationary period can be extended if the employer is not happy with the overall performance of the employee. If he has taken leave for one month due to medical reasons, it shall be allowed on getting a medical certificate. Whatever extra leave he has taken above the days permitted by company rules can be considered as Loss of Pay.

Dear Manish, before commenting on any issues, please find out the correct solution and give your advice. If an employee is on probation, he or she is eligible for CL and SL but not Earned Leave, since he/she has to complete one year of service. As for the probation period, if it is given for 3 months, management can extend it further depending on the performance, attitude, and other factors of the employee. If an employee is absent for one month, how can you evaluate his performance within 2 months of his work? Sometimes, it takes nearly 1-2 months to know the company.

Dear Friends,

There are rules and regulations that govern the policy-making in any organization. Organizational management needs to adhere to such rules and not make their own, as most of them do. Please get to know the laws and regulations governing the organizational policies; it would help us all in our careers.

Regards,
Rahul Chhabra

Leave Policy During Probation

An employee, whether on probation or not, can avail leave as per the company rules. One month of leave on reasonable grounds can also be permitted at the discretion of the company. During the probationary period, if management is satisfied with the employee's performance, their job may be confirmed. Otherwise, the period of probation may be extended.