Understanding Leave Entitlement on Pro-Rata Basis During Probation Period

Hi,

I am working as an HR professional in a company, and I require information on the complete leave process. I understand that the company offers various types of leaves such as CL, PL, SL, maternity leave, etc. My question is, does an employee who joins the company receive the total number of leaves as per the company's policy, or are the leaves provided on a pro-rata basis? During the probation period, does the individual receive full leave benefits? How many leaves will they be entitled to after completing six months and receiving confirmation?

Regards,
Sanjay Bhatia
8128030221

Hi Sanjay Bhatia,

CL and SL are given to employees on a pro-rata basis only and based on company policy, even if an employee is on probation. The leaves given to him are on a pro-rata basis. After confirmation of an employee, statutory compliance will apply, and according to it, he is entitled to leaves.

Regards,
Gowri Sankara

An employee does not get entitlement to leave unless he completes 240 days of service in a calendar year either under the Factories Act or Shops Act of most of the States (please verify your State Act). However, the company can make a special provision under its policy to provide for leave on a pro rata basis for probationers. CL and SL can be allowed on a pro rata basis if the company wishes to do so by making a suitable provision under the Standing Orders or its leave policy, whichever is applicable to it.

B. Saikumar HR & Labour Law Advisor Mumbai

Hi,

If an employee joined on the 1st of April 2012 and completes his probation period after six months, i.e., on 30/09/2012, as per company rules, he will be entitled to all kinds of leave after confirmation. Could someone please help me with the calculation of the leave period to be considered? Is it from the joining date or the confirmation date?

Regards,
Sanjay

Mr. Harlikar,

It shall always be from the date of joining.

B. Saikumar
HR & Labour Law Advisor
Mumbai

Mr. Sanjay,

Both are the same in their character in that in both cases, the leave is earned by an employee on the basis of the number of days worked by him in a calendar year.

B. Saikumar
Mumbai