Leave Policy Confusion: Can Employees Take Leave After Probation Ends Mid-Year?

Leave Policy Clarification

If we set the rule regarding leave as follows:

1. The company will calculate leave from January to December.
2. Leave cannot be allowed during the probation period (6 months).

Then, if an employee completes 6 months in September or anytime in between the year, will the employee be eligible to avail of leave (PL/EL)?

1. Leaves have to be calculated from January to December.

2. You can allocate sick and casual leave based on the following calculations:
- If Sick Leaves = 5, and Casual Leave = 5
- 5/12 = 2.5
- You can allow your staff a total of 5 leaves during the probation period.

3. PL or EL leaves are not allowed during the probation period.

4. Make it flexible for PL/EL as well.
- If a person completes probation in the middle of the year, the following simple calculations apply:
- If PL/EL = 15 per annum
- If a person joins on March 10, they will complete their probation period by September 12.
- PL = 15 / number of months in the year * 10
- This means they can get 10 days of PL/EL as well.

I agree, Ashok. Still, I have the following questions:

1. Why do you suggest 10?
2. Is the employee eligible if they complete it within the year?

Thank you.

If we set the rule regarding leave as follows:

1. The company will calculate leave from January to December.
2. Leave cannot be allowed during the probation period (6 months).

Then, if an employee completes 6 months in September or anytime during the year, will the employee be eligible to avail leave (PL/EL)?

Most organizations give EL to employees who have completed 1 year of service. X leaves for every year of service rendered, with a maximum limit of Y. However, many organizations like ours give PL to new joiners after they are confirmed on a pro-rata basis. For example, if you have a policy of 12 PL per year (1 leave per month), and an employee is confirmed in September, then:

- If the employee is confirmed between the 1st and 15th of September, they would be given 4 PL.
- If the employee is confirmed on or after the 16th, they would be given 3 PL.

Dear Sonu, The leave policy can be one of the following options:

1. PL is 15 days per year, i.e., 1.25 days per month. However, leave is not credited during the probation period.

OR

2. Leave applications are not allowed during the probation period.

In the first scenario, employees will not have any leaves available at the time of confirmation.

In the second scenario, employees will accrue 1.25 days of leave every month but are not allowed to take leave. Therefore, employees will have a leave balance of 6 * 1.25 = 7.5 days, which they can start using after confirmation.

I hope this clarifies the leave policy.

Thank you.

Please refer to the Fact Act, Leave Management section 79. As per the Act, for every 20 working days, you have to provide 1 earned leave to any employee. During probation, as per management policy, you can deny an employee from taking leave. However, after probation, you have to provide the leave as they have worked for the actual days. Sick leave (SL) and casual leave (CL) completely depend on the company policy. In an industrial scenario, CL and SL are typically 6 days each. There are no provisions in any act.

Regards,
Devendra

I sincerely thank you for sharing your valuable knowledge with me and for attempting to help solve my problem. Can I conclude that employees are eligible to avail leave after confirmation, even if leave calculations are done from January to December?

Once again, thank you for your assistance in resolving this issue.

Best regards,
[Your Name]