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 employee probation period (which was for 6 month) is over and so he is asking for paid leave for last 6 month. Is it necessary to give him his paid leave for last 6 month probation period?

For uniformity sake, the company need to have a leave policy in which these matters are decided. In most organisations 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 the 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 status of entitlement to statutory rights and benefits of employment like leave. By convention, the employer may restrict the availing of leave according to the length of service by a probationer. As rightly observed by Mr.Dinesh, no distinction as to the status of employment in respect of 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, of course, prorata leave will be credited in January based on the days worked in the preceding year, ie, current year, say 2021. This is leave 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 pro rata basis. Again under Shops and Commercial establishments Act also privileged/ earned leave accrues only after completion of twelve months and not in six months or completion of probation.