Can Employees Claim Earned Leave During Extended Probation Periods? Seeking Guidance

Hi, An employee joined the staff category and was on a probation period. His performance was poor; therefore, management extended his probation for a further 6 months. Again, his performance was examined and found to be poor, leading to an extension of his probation period for another 6 months. The employee, frustrated with the situation, left the organization after serving 1.6 months.

During the probation period, he did not take PL (EL) as per the rules. However, he left the company after three extensions of his probation period without receiving EL for the extended periods.

Eligibility for EL During Extended Probation Periods
My question is whether an employee is eligible for EL for the period worked during any kind of extended probation period.

Please guide.

If his paid days come under the EL/PL criteria, then he is eligible for it.

Factory Act of 1948
In the Factory Act of 1948, the minimum number of days worked is 240 days.

Great, and thank you, sir. It means that regardless of whether he is on probation or not, he must complete his 240 days to be eligible for EL, even though his probation period has been extended twice.

Dear Sudhir,

Understanding Earned Leave (EL) or Privilege Leave (PL)

EL or PL, or Annual Leave with Wages, as referred to under Section 79 of the Factories Act, 1948, is an accumulative leave calculated based on the number of days worked by the employee during the preceding 12-month period. This calculation is made with reference to the date of reckoning, subject to the condition that the total days worked must be at least 240. In simpler terms, this leave can be availed for the first time upon completion of one year or 12 months of service and thereafter. The employer is obligated to pay wages for the total number of days of accumulated leave at the employee's credit on the date of termination of employment, regardless of the reason. This legal provision applies to any legislation that offers such specific leave benefits.

Eligibility for Earned Leave During Extended Probation

Regarding your inquiry in this context, the unequivocal answer would be 'YES' only. The entitlement to earn EL is solely based on the number of days of service rendered, without consideration of employment status, such as probationary, under an extended probation period, permanent, or fixed-term contract employee.

Thank you.

Yes, he is eligible in your case, sir.