What am I entitled to during probation?

Friday October 12 2018

Caroline Mboijana

Caroline Mboijana 

By Caroline Mboijana

What does it mean to be on probation? What am I entitled to while on probation? For example, do I qualify for leave? If I left a company while still on probation, would I get any of the benefits companies give to departing employees? Rose

Dear Rose
To be on probation means that after appointment and before you are confirmed in a role the organisation will out you on a probationary contract. During this period you will be integrated within the role and the organisation. This period can vary from 3 to 6 months and according to the Employment Act the maximum it can only be extended once. During this time, you will be fully inducted and critically a performance evaluation which will be monitored with periodic reviews.

At the end of the period, an assessment on whether you have passed or not made.
During the probation period and according to the law, an employee is entitled to annual, sick, maternity and paternity leave.

Therefore, at the end of your first month of full employment, you will be entitled to 1.75 days off as annual leave and that continues for the probation period as long as you are employed and continue to work.

For sick leave, provided you have worked more than 1 month, you can be off for no more than 1 month on full pay beyond which the contract is terminated. There are four working days for paternity leave and 60 working days for maternity leave.
If you decide to leave during your probation period, you must give your employer notice and the same is applicable if you are terminated. If you have worked more than one month but less than six months then the notice period is 1 week. If it is less than 12 months, notice is 2 weeks.

Caroline Mboijana
Managing Director
The Leadership Team (U) Ltd
[email protected]