How Should We Adjust Our Leave Policy for Probationers with Extra Paid Leave?

Policy on Carrying Forward Leave for Probationers

According to our HR policy, we allow employees to carry forward 5 PLs (Paid Leaves) to the next year from the current leave balance. However, probationers (6 months) are not permitted to avail of PL during their probation period, but they can accumulate their PLs and use them later.

Now, the issue is that we have 3-4 probationers who joined about 5 months ago. They currently have 7.5 PLs in their accounts. As we need to reset the leaves for the next year, and since they are on probation, they were not allowed to take PL. According to our policy, they can only carry forward 5 days. This leaves these employees with 2.5 days of PL that cannot be carried forward.

Seeking Advice on Policy Adjustment

How should we handle this situation? Are there any suggestions for changing our policy? Please guide us.

Note: We are a startup and do not have senior HR management personnel.

Seeking your prompt advice.

As per the leave rules, nowhere is it mentioned that PL/EL is to be granted only to confirmed employees. Every employee who has worked for a period of 240 days or more during a calendar year shall be allowed leave during the subsequent calendar year.

As per the Shops and Commercial Establishment Act, even sick leave/casual leave of 12 days must be provided for one year.

You need to consider these points for your leave policy.

The policy of 5 days' leave carry forward, in my view, should not be applied to the probationer as he, being a first-timer, is only entitled to it and can avail it after his confirmation.

Regards,
V.L. Nagarkar HR-CONSULTANT