Hello,
It is almost a universal rule that an employee on probation cannot avail leave while on probation BUT there is no law that says prohibits leave to be availed by an employee while on probation. But probationers are not granted leave for the simple reason that their association with the organization is yet uncertain.
Further 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 Factories Act. If the situation is covered under the Shops Act, the principle remains but the periodiciity 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 tight!
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 WOTHOUT PAY (but AUTHORISED) and when the employee has earned leave as per law/service conditions, to deduct entitlement by appropriate number of day and pay for the days deducted when the leave was actually availed. But it 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 bureaucratice 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