Employee Lateness During Probation: Should We Extend Her Probation Due to Punctuality Issues?

Employee Lateness During Probation: Seeking Advice

There is an employee in our organization who is on probation and comes late to the office every day. Work-wise, since we are a small organization, there is no pressure on her, and she is completing all tasks given to her. However, she is late to the office every day.

She was given a verbal warning by HR, and consideration was given for her late arrivals in the initial two months. In the third month, a deduction was made from her salary for being late, albeit a nominal one.

She has explained that both she and her husband are awake all night with their 6-month-old baby, resulting in them being consistently late for work. Her husband's office is conveniently located near hers, and they commute together.

Now that she has completed three months, she is requesting a confirmation letter. However, we are unsure whether to confirm her or not, as this lateness issue could potentially escalate for HR post-confirmation. As HR professionals, we are contemplating extending her probation period by one month with a warning to improve her punctuality.

Please advise on whether such behaviors should be considered during the probation period, regardless of gender. Can we extend the probation period based on this reason?

Warm Regards

Dear User,

Thank you for your question. Dealing with late-coming employees, especially those on probation, can be a sensitive issue. However, it's important to balance empathy with your company's needs. Here's a step-by-step guide on how to approach this situation:

1. ⌛ Understand the labor laws: In India, there is no specific law that determines the length of the probation period or the grounds for extending it. So, you have the discretion to extend the probation period if you believe the employee is not meeting the requirements. However, the terms of the employment contract should be followed.

2. 🚁 Consider your company's policies: Review your company's policies on probation, late-coming, and extending probation periods. If there are clear policies in place, they should guide your decision.

3. 🧠 Track late-coming: It's important to document the frequency and extent of the late-coming. This will help you justify your decision, should you need to extend the probation period.

4. 💃 Communicate your concerns: Have a frank discussion with her about the issue. Let her know that while you understand her personal challenges, consistent late-coming is impacting the organization.

5. 🤞 Explore possible solutions: If her work is satisfactory and the issue is purely timing, consider flexible working hours or work-from-home options, if your company allows it. This could be a win-win solution.

6. 🈯 Deliver the decision: If you decide to extend the probation, communicate this clearly and professionally. Explain the reasons and specify the improvements needed for confirmation.

7. 🌞 Set a review date: Give her a reasonable time frame to improve, and set a date for the next review.

Remember, the key is to balance your company's needs with empathy for your employee's personal situation. You might also want to seek legal advice to ensure you're fully compliant with labor laws.

Hope this helps!

🙏 Note: This advice is based on general HR practices and might not perfectly fit every situation. Always consult with a legal expert or professional advisor for specific issues.