Navigating Employee Challenges: Is It Fair to Deny Advance Salary During Unpaid Leave?

Hi, one of my employees joined in mid-February, and we made it clear during the interview that for a month or two, they might have to travel to another country, which was agreed upon. Fast forward to a month after their joining, when we asked them to travel, they mentioned that their mother has surgery and they cannot travel for an entire year. We accommodated that on compassionate grounds, although that meant we wouldn't have them in person to meet the client.

Now, they have met with an accident and are on unpaid leave for 3 months. Until now, we have paid them everything. They are now asking for 1 month's salary while on unpaid leave on compassionate grounds, stating that they can pay later.

At this point, within the duration of the probation, I am disappointed with the employee as they haven't shown any great performance or fulfilled job duties such as traveling to the client's site. Is it incorrect to deny the request for advance salary to be fair to all other employees? Does that make us a bad employer?

As a small business, and with this employee on leave for 3 months due to an accident, I either have to get their replacement while they are away or keep that replacement as a liability to replace this employee later. Can I replace the employee once they return after 3 months on the grounds of being unfit to fulfill job responsibilities?

During probation, no employer should extend any salary advance, regardless of the circumstances. In this case, you have already accommodated the employee by allowing them to stay off travel abroad on medical grounds, which pertained to their mother, not the employee. Additionally, you paid the salary during the accident period, which was not necessary if the accident did not occur during the course of duty. The employee should not have requested an advance again. It now appears that the employee may not return after the leave, leaving you in a difficult position to recover the money paid. Therefore, reject the application for a salary advance, stating that during probation, we cannot advance salary.

Now coming to the next question, refusing an employee's rights can make an employer appear unfavorable, but refusing a privilege does not. In my experience, privileges often become perceived as rights. Once you provide a salary advance even to a probationer, it sets a precedent, and others may follow suit. Remember, you may be operating on a bank overdraft, incurring interest, while the salary advance you give is interest-free. Therefore, there is nothing wrong with refusing a salary advance.

Once the employee resumes duty, you can give them an opportunity to demonstrate their performance. If it does not meet expectations, you can ask them to leave, in accordance with the employment contract. For the time being, you may need to manage with a temporary appointment.