Dear Saurabh,
It depends on the company policy.
However, this will help.
Please mention on the offer letter that the PL can only be availed on confirmation of an employee. This can be mentioned ideally on the appointment letter but the same you can include on extension of probation letter.
Also try to put a detailed leave policy in place.
This clause will be self explainatory and anyone not confirmed will automatically not be eligible for PL.
Hope this solves your issue.
Sample PL Ploicy is here:
PRIVILEGE LEAVE (LEAVE YEAR JANUARY TO DECEMBER )
(a) All Employees will be entitled to 21 days privilege leave with pay per year. This has to be
utilized, annually subject to accumulation of 42 days and surplus leave to the credit of the
employee at that time, will automatically lapse. Pls also refer to Corp guidelines.
(b) Privilege Leave will accrue at the rate of 1.75 days per month (credited at the beginning
of every quarter commencing from January @ January to March – 5, April to June – 5,
July to September – 5.5, October to December – 5.5) and the employee can avail PL on
prorata basis on completion of six months. If an individual leaves after confirmation he /
she will be given prorata PL in the F & F settlement. The company shall recover excess
Prorata PL (credited quarterly) in case an employee avails & then leaves the
organization before the end of the concerned quarter.
In general, care should be taken that an employee does not avail more than he / she is
actually eligible for at the time of the application. Exceptions can be made by the HR
Manager and GM on case to case basis based upon the necessities.
(c) HR will apprise Department Heads of the staff authorization of PL in the first week of the
leave year. Employees in general shall submit a PL plan (spread over in 3 occasions) in
the beginning of the year. Department Heads will plan their annual PL programmes. In
preparation of the annual PL programme, Department Heads will consider operational
commitments, even spread of leave and domestic need of their staff.
Maximum staff should ideally avail of PL during the lean periods. This will be discussed
with Department Heads and then placed before General Manager for his final approval in
the month of Dec. It will then be implemented thereafter as approved. Department Heads,
may at their discretion, make changes in the approved leave programme as dictated by
the exigencies of the situation, provided the basic parameters are not changed. The
sanctity of operational commitments has to be upheld at all time.
(d) Staff applications for privilege leave have to be made at least 15 days in advance
enabling sanctioning of the same.
(e) Availing of PL is subject to three times a in a year. In order to maintain the balance in the
work areas the minimum number of privilege leaves which one can avail at one time is 3
days and not more than 15 days at a time. If one needs to go for more than 15 days
he/she can be given under special sanctions and citing the reasons thereof.
(f) No Leave is sanctioned / granted during notice period of an employee.
(g) Employees proceeding on sanctioned PL and submitting resignation after the Salary gets
credited is questionable and in such cases employee shall not be sanctioned his PL. This
will be unsanctioned leave and subjected to disciplinary action. All legal dues due to the
company should be recovered including the salary excess paid in such cases.
(h) Balanced privilege leave - if any – is encashed on the basis of basic salary while
separation at the time of full and final settlement.
(i) Where privilege Leave availed is ‘prefixed’, ‘suffixed’ or ‘prefixed and suffixed’ by a
Holiday or Weekly Off will not be included in computing number of privilege leaves
availed. However ‘prefixed’, ‘suffixed’ or ‘prefixed and suffixed’ of Holiday or Weekly Off
should be a Working day.
(j) Where a Holiday or an employee’s Weekly Off falls within the period of privilege leave
claimed by the employee, then such Holiday or Weekly Off will be included in computing
number of privilege leaves availed.
(k) All privilege leave taken for three days and above on account of illness is required to be
supported by a medical certificate.
Regards,
Viraj