Are Probationary Employees Entitled to Sick Leave in Their First Year at a Private Hospital?

Could anyone please tell me if the probationers are entitled to sick leave during the 1st year of probation (total 2 years of probation period)? My establishment is a private multi-specialty hospital in Karnataka. The service rules of the hospital do not expressly speak about sick leave for employees on probation during the probation period. Also, the Karnataka Shop & Commercial Establishments Act, 1961, does not mention employees on probation or those employed as trainees.

Requesting experts' advice on this matter. Any help will be greatly appreciated.

Leave Entitlements Under the Karnataka Shops and Commercial Establishments Act

The Karnataka Shops and Commercial Establishments Act provides for granting 12 days of Casual Leave (CL) and 12 days of Sick Leave (SL) to every employee during a 12-month year. Additionally, 12 days of Earned Leave (EL) should be given once an employee completes 12 months of service. It is evident that every employee is entitled to 12 days of CL and 12 days of SL during their first year of service. An employee, in this context, refers to an employee on probation or a trainee other than an apprentice under the Apprentice Act. Therefore, a probationer or trainee is entitled to the aforementioned leaves without any doubt.

Regards,
Madhu.T.K

Thank you for your reply, Madhuji. From your reply, I understand that an employee is entitled to sick leave even during the probation period, and the completion of 1 year of service is irrelevant for calculating CL & SL. I also understand that it is only for the purpose of EL that the employee has to undergo at least 1 year of service. As the name itself states, he has to earn the leave by being in service for a minimum of 1 year.

Appreciate your prompt reply to my concern and clarifying the issue. Thank you once again.

Hi,

As per the Shops Act, an employee is eligible for 12 CL/SL (it can be 6 SL and 6 CL) and 15 PL/EL per calendar year. Most companies do not allow their employees to avail PL or EL during the first year of tenure, but employees are definitely eligible to avail SL during the probation period.

Understanding Leave Entitlements Under Shop and Establishment Acts

Most of the shop and establishment acts provide for leave on an annual basis. You are entitled to leaves as per the rules/act after the completion of a year. Again, most of the states provide for leave to be applicable from January 1 of each year. Most states also allow partial credit on January 1 proportionate to the number of days worked. Usually, there is also the specification of the minimum days worked till January to be entitled to the leaves. You need to read the relevant provisions of the act in your state to figure out what exactly the rules are for you.

Dear Vijay, There are various practices followed by different establishments. As you rightly understood, there is no hard and fast rule specifically governing employees on "probation." It is generally believed that an employee on 'Probation' (or in training) is not expected to avail any regular leave except in emergencies. Many establishments have a common leave policy for all employees, including those on probation, which is reasonable. However, some establishments stipulate that a probationer can avail all types of leave, but the probation period gets extended by the number of days the leave is taken during the probation period. Both approaches have their merits. However, I don't think 'Trainees' face such an impediment. The training period is not synonymous with 'probation.'

However, many acts provide for the crediting of leave commensurate with the "number of days worked," such as one day for every 20 days worked, as seen in the Factories Act and the Karnataka Shops & Commercial Establishments Act. A plain reading suggests that when a person is considered an 'employee,' they are naturally entitled to leave as any other employee, including those on "Probation." In my opinion, the law does not distinguish between a person on 'probation' and other employees. I don't think there is a service condition that does not prescribe certain months of probation upon initial appointment with an employer. So, every employee starts their career as an 'Employee' on 'probation' for months or years as per their rules. Hence, unless otherwise provided in the service conditions, this 'probationer' is also entitled to leave in accordance with the general leave policy of the establishment/hospital. However, as you mentioned, your leave policy is silent on this aspect. It is suggested that you should ascertain from your HR department to have a clear idea. They may be able to tell you how they have decided on such matters in the past, which shall be binding on you.

You can have further reading on this subject from these links:
- http://karnataka.gov.in <link outdated - home link added> (Read section 15 sub sec.(1) & (3)) /Karnataka%20shops%20and%20commercial%20establishme nt%20act.pdf
- www.citehr.com › ... › Human Resource Management
- http://www.citehr.com › ... &#...oyee Relations

Regards,