good eveing every one. can an employee who is under probationary period avail CL or SL. regards
From India, Ranchi
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From India, Ranchi
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Hello,
It is almost a universal rule that an employee on probation cannot avail leave while on probation. However, there is no law that prohibits leave to be availed by an employee while on probation. Probationers are not granted leave for the simple reason that their association with the organization is yet uncertain.
Furthermore, the law (Factories Act) requires an employee to earn leave by putting in a certain amount of days worked actually to be done during the year, and the year is Jan-Dec for the purpose of leave under the Factories Act. If the situation is covered under the Shops Act, the principle remains but the periodicity is lesser. Here too the "earning" principle remains!
The thing to understand is that the law specifies "entitlement" and provides rules for "eligibility." While on probation, an employee may be "eligible" (because there is no bar) but is yet not entitled, and therefore, he is not sanctioned any leave as a matter of right!
The right thing to do as HR is to make a rule that even while on probation, leave may be granted (for satisfactory reasons, within norms of reasonableness) as LEAVE WITHOUT PAY (but AUTHORIZED) and when the employee has earned leave as per law/service conditions, to deduct entitlement by the appropriate number of days and pay for the days deducted when the leave was actually availed. But it is unfair to refuse to grant leave while on probation simply because he/she is on probation and to say that the rules do not permit. Even genuine reasons for the leave needed by the employee get neglected under a bureaucratic sweep, and that does not fit into my concept of HR philosophy.
Your question could have been answered simply, but I thought you should know the rationale that must be applied.
Cheers & Regards,
Samvedan
August 12, 2007
From India, Pune
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321It is almost a universal rule that an employee on probation cannot avail leave while on probation. However, there is no law that prohibits leave to be availed by an employee while on probation. Probationers are not granted leave for the simple reason that their association with the organization is yet uncertain.
Furthermore, the law (Factories Act) requires an employee to earn leave by putting in a certain amount of days worked actually to be done during the year, and the year is Jan-Dec for the purpose of leave under the Factories Act. If the situation is covered under the Shops Act, the principle remains but the periodicity is lesser. Here too the "earning" principle remains!
The thing to understand is that the law specifies "entitlement" and provides rules for "eligibility." While on probation, an employee may be "eligible" (because there is no bar) but is yet not entitled, and therefore, he is not sanctioned any leave as a matter of right!
The right thing to do as HR is to make a rule that even while on probation, leave may be granted (for satisfactory reasons, within norms of reasonableness) as LEAVE WITHOUT PAY (but AUTHORIZED) and when the employee has earned leave as per law/service conditions, to deduct entitlement by the appropriate number of days and pay for the days deducted when the leave was actually availed. But it is unfair to refuse to grant leave while on probation simply because he/she is on probation and to say that the rules do not permit. Even genuine reasons for the leave needed by the employee get neglected under a bureaucratic sweep, and that does not fit into my concept of HR philosophy.
Your question could have been answered simply, but I thought you should know the rationale that must be applied.
Cheers & Regards,
Samvedan
August 12, 2007
From India, Pune
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Dear Samvedan, thank you.
I have one more doubt regarding the leave for probationers. Suppose Mr. X is working under probation. He was on leave (LWP) on Friday and Saturday. He was on duty on Monday. His number of days in leave (LWP) is 2 or 3 (including Sunday). Please clarify.
Regards.
From India, Ranchi
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I have one more doubt regarding the leave for probationers. Suppose Mr. X is working under probation. He was on leave (LWP) on Friday and Saturday. He was on duty on Monday. His number of days in leave (LWP) is 2 or 3 (including Sunday). Please clarify.
Regards.
From India, Ranchi
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Hello,
If the concerned person is a daily-rated employee (i.e., he is not paid wage/salary for the weekly off day), then the weekly off day shall not be counted as leave. But if he is a monthly-rated employee (i.e., he is paid for the weekly off day also), then even the weekly off shall be counted as a day of leave.
However, the leave rules of the organization will decide the issue, and that is why every organization must have codified Leave Rules that take care of the legal requirement and also provide for all contingencies. That is also why you must take the present reply with a pinch of salt, as it may have addressed the precise situation.
Okay?
Regards,
Samvedan
August 13, 2007, 2
From India, Pune
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If the concerned person is a daily-rated employee (i.e., he is not paid wage/salary for the weekly off day), then the weekly off day shall not be counted as leave. But if he is a monthly-rated employee (i.e., he is paid for the weekly off day also), then even the weekly off shall be counted as a day of leave.
However, the leave rules of the organization will decide the issue, and that is why every organization must have codified Leave Rules that take care of the legal requirement and also provide for all contingencies. That is also why you must take the present reply with a pinch of salt, as it may have addressed the precise situation.
Okay?
Regards,
Samvedan
August 13, 2007, 2
From India, Pune
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Hi,
Generally, companies give CL and SL to employees on probation but do not provide EL (Earned Leave). Some companies set a limit, for example, 5 days, for CL and SL for employees on probation. Some BPO companies prefer not to grant any CL or SL to their employees. I have worked on a lot of policy manuals, and I do not agree with the notion that it is an industry practice to withhold CL and SL.
Regards,
Niharica Singh
Consultant - HRC
Ma Foi Consulting Solutions Ltd.
From India, Bangalore
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Generally, companies give CL and SL to employees on probation but do not provide EL (Earned Leave). Some companies set a limit, for example, 5 days, for CL and SL for employees on probation. Some BPO companies prefer not to grant any CL or SL to their employees. I have worked on a lot of policy manuals, and I do not agree with the notion that it is an industry practice to withhold CL and SL.
Regards,
Niharica Singh
Consultant - HRC
Ma Foi Consulting Solutions Ltd.
From India, Bangalore
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Dear Friends,
I can accept Mr. Samvedan's comment on this. It is better to go for 'Leave Rules' for the employees on rolls and also for probationers. For hard and fast rules, there are 'NO' leaves for 'PROBATIONERS,' but the management is willing to grant any leave in some exceptional cases. According to the Factories Act, 1947, if any adult worker has completed 20 days of work continuously, one EL will be credited to his account. So, it is better to frame 'Leave Rules' for your organization.
Regards,
PBS KUMAR
From India, Kakinada
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I can accept Mr. Samvedan's comment on this. It is better to go for 'Leave Rules' for the employees on rolls and also for probationers. For hard and fast rules, there are 'NO' leaves for 'PROBATIONERS,' but the management is willing to grant any leave in some exceptional cases. According to the Factories Act, 1947, if any adult worker has completed 20 days of work continuously, one EL will be credited to his account. So, it is better to frame 'Leave Rules' for your organization.
Regards,
PBS KUMAR
From India, Kakinada
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LEAVE RULES.doc