Leaves during the Probationary Period - are there any statutory law in the Indian Act regarding the same?

Currently, I am working at Hi-Speed Logistics Private Limited as a Marketing & Operations Executive. I have been in this role for the last month and was informed at the time of my appointment that the probationary period would be 6 months.

During this probationary period, my mother fell ill with typhoid, and the doctor recommended she be hospitalized. However, my family wanted a second opinion from another doctor, which led to me taking 7 days of leave to care for my mother. I provided all necessary supporting documents, including the doctor's prescriptions, to the HR department and higher authorities. They assured me that my absence would be managed without any deduction from my salary for 5 days, provided that I continued to work from home and fulfill my assigned duties.

Despite this assurance, the company ended up deducting the salary equivalent to the 7 days of my absence. I am seeking clarification on the reason for this deduction and whether there are any statutory laws under the Indian Act that address this situation. Could you please provide me with guidance on this matter?

Compliance with State Act for Shops and Commercial Establishments

Being a logistics company, your establishment is expected to follow the State Act governing Shops and Commercial Establishments. Most state laws provide for casual leave and sick leave during the first year of joining. Sick leave can be availed only when the employee falls sick, while casual leave (CL) can be taken even during the probation period. However, the maximum number of CL days that can be availed is limited to one or two days, and no employee will be entitled to take 7 days of CL at a time.

Remote Work and Salary Deductions

If your work can be carried out remotely or from home, and you have worked on those days, it is unfair to deduct salary by treating them as unpaid leave. However, if working from home has not resulted in a significant contribution to the company, the employer may have the discretion to adjust accordingly, and the employee cannot insist on receiving full salary.

Probationary Period and Pay Deduction Concerns

Additionally, as you are on probation, challenging a pay deduction may lead the employer to terminate your employment. Therefore, I advise against contesting the decision.

Casual Leave Policies Across Sectors

Generally, casual leave is not uniform across various entities. It is more or less the same in government and quasi-government sectors. In the private and unorganized sectors, the administration of casual leave depends on past practices and what is followed in other companies of similar nature. Commonly, it's 12 days for one full calendar year and can be availed for half a day as well. Generally, it is not allowed for more than 2-3 days. If more leave is required, then earned leave (EL)/paid leave (PL) or sick leave is the answer. In some entities, combining casual leave with EL/PL or SL is not permissible. Attached statistics will explain briefly what is followed as per various applicable acts/rules.