Navigating Leave Policies: How to Handle Probation and Extended Leave Requests?

Hello Sir/Madam,

I am working in a small start-up Pharma Pvt. Ltd. company with 10 employees and 2 office boys. I have a query regarding leave calculation. Employees who join our company are put on a 3-month probation period. After the 3 months probation, they become confirmed employees. Employees are entitled to 2.25 leaves per month. We have CL-3, SL-3, PL-9, and 12 festival and national holidays in a year. Now, my questions are:

1. Does an employee get leave during the probation period or not?

2. Does the leave of 2.25, if not availed, carry forward to the next month?

3. If an employee takes leave on Friday, Saturday, Sunday, and Monday, and Saturday was a festival holiday, are all 4 days considered as leave or only Friday and Monday?

4. One employee who joined our company in January wants to take 10 days off for a marriage function. What should be done?

Thank you.

Hi Sneha, First of all, if your company follows a 'leave policy,' this policy should guide you on these issues. If no leave policy is in vogue, my views are as follows:

Does an employee get leave in the probation period or not?

Yes, since the probation period service is also part of regular service, employees who are on probation, irrespective of the duration, would be entitled to leave credit for such a period.

Does this leave of 2.25, if not availed, get carried forward to the next month or not?

Yes, unutilized leave at the credit of any employee could be carried forward for further periods, however, up to a maximum number of days prescribed under the relevant act applicable. If your company is in pharmaceuticals, a manufacturing unit, I believe it should be under the Factories Act. If yes, for further stipulations, read the Factories Act to follow.

If an employee takes leave on Friday, Saturday, Sunday, and Monday, and if Saturday was a festival holiday, are all 4 days taken as leave or only 2 days, Friday and Monday?

Hope you are aware of the concept of 'prefixing' and 'suffixing.' Generally, holidays and duty off days either immediately 'prior' and/or immediately 'after' the approved leave days can be prefixed and suffixed. However, those holidays and duty off days sandwiched in between leave days are counted as leave days only. But in case the employee avails only casual leave of more than one day and holidays and weekly off days are sandwiched in between, in such an event, those days remain as holidays and weekly off days and not as leave days. Some employers' leave policies stipulate certain restrictions such as: i) more than one-day casual leave is not permissible ii) casual leave cannot be combined with any other types of leave i.e., earned leave/paid leave/sick leave/maternity leave.

One employee joined our company in January and wants to take 10 days off for a marriage function. What should be done?

Not eligible. At best, he has just completed one month of service since joining in Jan '19, if yes, he would be eligible for only 2.25 days, not more. I believe your company may not encourage Leave Without Pay (LWP) during the probation period.