Dear Team,
I have a query regarding leaves during probation. If, as an employee, I have completed my 3-month probation, am I allowed to take 1.5 leaves in a month apart from Saturday and Sunday? I want to know whether the leaves taken during probation will be deducted from my salary. If I have not taken any leaves, should the company provide me with those 1.5 leaves for every month or not?
Can anybody help me with this immediately? I need to answer my employees.
From India, Mumbai
Acknowledge(0)
Amend(0)
1I have a query regarding leaves during probation. If, as an employee, I have completed my 3-month probation, am I allowed to take 1.5 leaves in a month apart from Saturday and Sunday? I want to know whether the leaves taken during probation will be deducted from my salary. If I have not taken any leaves, should the company provide me with those 1.5 leaves for every month or not?
Can anybody help me with this immediately? I need to answer my employees.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Rajni,
In the tenure of a person's long-lasting contract of employment, probation and confirmation are the one-time consecutive phases. The only significant feature of these two phases is that confirmation follows successful completion and declaration of probation and not vice versa. Apart from that, the benefits flowing out of the terms and conditions of employment are the same, as well as the application of leave provisions that form part of the spectrum. Therefore, there is not even an iota of change in the statutory application of leave provisions during the two phases of an employee's employment tenure.
Contrarily, the actual practice differs. As probation is an evaluative phase of employment the result of which could be anything like confirmation or discharge simpliciter or extension of probation of the individual, generally, probationers are allowed leave proportionate to the length of service actually rendered by them. Therefore, probationers are sanctioned leave subject to this restriction only and not flatly denied.
Leave is only a welfare measure aiming at enabling the employee to discharge his incidental personal and societal obligations on the one hand and rejuvenate himself/herself by the enjoyment of considerable leisure to maintain his/her optimum level of employability on the other. That's why there are two kinds of leave, namely accruable and lapsable. Earned leave or Annual Leave with wages, the accruability of which is based on the actual number of days worked in the previous year and can be accumulated to some limit, is an accruable leave. Casual leave, Sick leave, etc., are lapsable leave as they get lapsed within the calendar year itself. The general rule is that leave cannot be claimed by the employee as a matter of right and it is subject to prior sanction of the employer based on the exigencies of work only. However, always considerate exercise of discretion is expected from the employer. The exceptions are maternity leave and medical leave on prolonged illness.
From India, Salem
Acknowledge(0)Amend(0)
In the tenure of a person's long-lasting contract of employment, probation and confirmation are the one-time consecutive phases. The only significant feature of these two phases is that confirmation follows successful completion and declaration of probation and not vice versa. Apart from that, the benefits flowing out of the terms and conditions of employment are the same, as well as the application of leave provisions that form part of the spectrum. Therefore, there is not even an iota of change in the statutory application of leave provisions during the two phases of an employee's employment tenure.
Contrarily, the actual practice differs. As probation is an evaluative phase of employment the result of which could be anything like confirmation or discharge simpliciter or extension of probation of the individual, generally, probationers are allowed leave proportionate to the length of service actually rendered by them. Therefore, probationers are sanctioned leave subject to this restriction only and not flatly denied.
Leave is only a welfare measure aiming at enabling the employee to discharge his incidental personal and societal obligations on the one hand and rejuvenate himself/herself by the enjoyment of considerable leisure to maintain his/her optimum level of employability on the other. That's why there are two kinds of leave, namely accruable and lapsable. Earned leave or Annual Leave with wages, the accruability of which is based on the actual number of days worked in the previous year and can be accumulated to some limit, is an accruable leave. Casual leave, Sick leave, etc., are lapsable leave as they get lapsed within the calendar year itself. The general rule is that leave cannot be claimed by the employee as a matter of right and it is subject to prior sanction of the employer based on the exigencies of work only. However, always considerate exercise of discretion is expected from the employer. The exceptions are maternity leave and medical leave on prolonged illness.
From India, Salem
Acknowledge(0)Amend(0)
I want to know whether a company is allowed to remove leaves during probation or if it is compulsory to provide them after the completion of probation. In my experience, every company has credited my leaves after the probation period. However, my current company states that they do not provide probation leaves after confirming an employee. Is this valid or not? Is there any specific act related to this that someone can share with me?
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear colleague,
In addition to the broad legal and practical perspective given by Mr. Umakanthan, I would like to add:
1. I think you are referring to privilege leave during probation. 🏞️
2. There are two aspects; one is entitlement and availing of leave. During probation, one is entitled to PL at the statutory rate, but for availing the same, he is governed by the leave rules of the establishment, which differ in each company.
3. The year for the PL is the calendar year, and those who join in-between the year earn pro-rata PL.
4. Generally, the practice is to allow leave to be taken after confirmation or after completion of one year's service.
5. In case of termination of service during or at the end of the probation period, all unavailed PL is required to be encashed.
6. You certainly earn the privilege leave during your probation, but when to avail of it is governed by your company's rules.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
In addition to the broad legal and practical perspective given by Mr. Umakanthan, I would like to add:
1. I think you are referring to privilege leave during probation. 🏞️
2. There are two aspects; one is entitlement and availing of leave. During probation, one is entitled to PL at the statutory rate, but for availing the same, he is governed by the leave rules of the establishment, which differ in each company.
3. The year for the PL is the calendar year, and those who join in-between the year earn pro-rata PL.
4. Generally, the practice is to allow leave to be taken after confirmation or after completion of one year's service.
5. In case of termination of service during or at the end of the probation period, all unavailed PL is required to be encashed.
6. You certainly earn the privilege leave during your probation, but when to avail of it is governed by your company's rules.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Confirmation Format (Probation).xls
Leaves on Vote Cast Day.zip
Leaves in APSE Act.pdf