Is it necessary to give him his paid leave for last 6 month probation period?

Hi, my name is Puja, and currently, I am working as an HR Administrator. One of my employees' probation periods (which was for 6 months) is over, and now he is asking for paid leave for the last 6 months. Is it necessary to give him paid leave for the last 6 months of the probation period?

For uniformity's sake, the company needs to have a leave policy in which these matters are decided. In most organizations, other than casual leave, no other leave is earned during the period of probation. Once the employee is confirmed in service, he or she starts earning leave.

Dear Puja,

You may check the provisions of the Shops and Establishment Act or Factories Act of your state as applicable to your company. In the state of Karnataka, both the laws make a provision for a day's leave per month for the first twelve months. The provisions are applicable to both types of employees, and there is no difference between a probationer or a confirmed employee.

Thanks,

Dinesh Divekar

The period of probation of an employee does not alter his entitlement to statutory rights and benefits of employment, such as leave. By convention, the employer may restrict the availability of leave based on the probationer's length of service. As rightly observed by Mr. Dinesh, there should be no distinction regarding the employment status concerning statutory benefits.

Paid leave can be earned leave, sick leave, or casual leave. If your establishment is a factory, for the first year of service, the employee does not have any leave. His leave will accrue after 12 months of service. For convenience, prorata leave will be credited in January based on the days worked in the preceding year, i.e., the current year, say 2021. This leave is called annual leave with wages or earned leave. Other than earned leave, there is no leave available. As such, he cannot demand leave for the past 6 months.

If your establishment is a shop, obviously, depending upon the state rules, there can be casual leave. In my understanding, the maximum number of casual leave is 12 days. That can be allowed only on a pro-rata basis. Again, under the Shops and Commercial Establishments Act, privileged/earned leave accrues only after completion of twelve months and not in six months or completion of probation.