Earned Leave Dilemma: Should Trainee Months Affect 2018 Leave Entitlement?

I work in the Pharma Sector in my organization. One employee joined as a trainee in May 2017, and his training period was completed in May 2018. After that, he was put on a 6-month probation period which ended in November 2018. The concerned employee resigned and left the organization in May 2019.

Entitlement to Earned Leave (EL)

So, based on my knowledge, he should be entitled to the following EL/PL:

For May 2018 to December 2018 = 12.25 days EL
For January 2019 to May 2019 = 8.75 days EL

However, according to my senior, he should not receive EL for 2018 as he did not complete 240 man-days since, for the first 5 months, he was a trainee, and this rule does not apply to trainees.

Kindly advise if he should receive EL for 2018.

In this scenario, the entitlement to Earned Leave (EL) for the employee for the year 2018 depends on the specific policies and regulations of your organization and the labor laws applicable in India. Typically, EL accrual is based on the number of days worked by the employee. If the employee was considered a trainee for the first 5 months and the organization's policy does not count trainee days towards EL accrual, then it is possible that the senior's advice is aligned with the company's policy.

To provide a definitive answer, you should refer to the organization's HR policies, employment contract, and relevant labor laws in India, such as the Factories Act or Shops and Establishments Act, which govern leave entitlements. If these laws or policies specify that trainee days do not count towards EL accrual, then the employee may not be entitled to EL for the year 2018. It is crucial to ensure compliance with the applicable laws and internal policies to make a fair determination regarding the EL entitlement for the employee.