Can You Earn Leave During Probation? Seeking Legal Insights and Experiences

If an individual is recruited in an organization through the proper recruitment process, will he be entitled to earn leaves during his probation period? Kindly reply to me with a reference to the applicable Act and law.

A minimum of 240 days needs to be worked for any employee to earn leave; hence, they are not eligible before completing one year. Therefore, the question of a probation period does not arise (if it is six months).

Regards,
Kamesh

Thank you for the interaction! As per my understanding, if an employer deducts PF/ESI, then the employee is entitled to earned leave from the first month itself. However, if you could please provide the relevant act reference, it would be very helpful. This also implies that if the employee is receiving all the benefits of a regular employee, then they should also be entitled to leave benefits.

Regards,
SUNIL

As you mentioned, the employee is "entitled" to Earned Leave from Day 1 of service. However, as Kamesh pointed out, it will not be credited to his/her account until 240 days of completed service. Therefore, if the employee leaves during the probation period, they cannot claim or utilize the leave.

I hope this clarifies your query.

Regards,
TS

More clarification for your query...

As per the Factory Act, Section 79 - ANNUAL LEAVE WITH WAGES (PAID LEAVE):

(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed, during the subsequent calendar year, leave with wages for a number of days calculated at the rate of:
- If an adult, one day for every twenty days of work performed by him during the previous calendar year.
- If a child, one day for every fifteen days of work performed by him during the previous calendar year.

So, paid leave is not granted until he/she completes 240 days.

Regards,
Toufik N.S
[Phone Number Removed For Privacy Reasons]

What do you mean by 'paid leave'? Paid leave and earned leave are one and the same—the terminology varies among some companies. Toufik N.S. has given you the answer with utmost clarity. I suggest giving a gist of the actual situation rather than asking your query in bits and pieces—this will enable everyone to suggest the best possible solution.

Regards,
TS