An employee who continues to work after maternity leave of 6 months, is she eligible to earn leave during the maternity leave period? For a private company employee, if the employee takes maternity leave from March to August, how much leave will she earn in the following year?
Thank you.
From India, Chennai
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4Thank you.
From India, Chennai
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Dear Suraj,
Had you mentioned specifically the type of establishment, it would have been easier to pinpoint the provision of the relevant Act applicable to the particular establishment of the Private Company. Anyway, since the provision for earned leave and its computation are similar in almost all establishment-specific labor laws and are more or less based on the provisions of section 79 of the Factories Act, 1948 that deals with Annual Leave with Wages, it is not difficult to provide a correct answer drawing an analogy in this regard.
Section 11(3) of the Model Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2016 provides for leave with wages to the employees to be calculated on the basis of the number of days worked for a period of 240 days or more. Section 11(7)(b) of the same provision declares that the maternity leave enjoyed by a woman employee under the provisions of the Maternity Benefit Act, 1961, shall be deemed to be days worked for the purpose of computation of 240 days or more but SHALL NOT EARN leave for those days, and the same is the case in respect of a factory worker.
In your case, the employee will not earn any leave during her maternity leave though the period is included for the purpose of computation of 240 days of service in the relevant year.
From India, Salem
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Had you mentioned specifically the type of establishment, it would have been easier to pinpoint the provision of the relevant Act applicable to the particular establishment of the Private Company. Anyway, since the provision for earned leave and its computation are similar in almost all establishment-specific labor laws and are more or less based on the provisions of section 79 of the Factories Act, 1948 that deals with Annual Leave with Wages, it is not difficult to provide a correct answer drawing an analogy in this regard.
Section 11(3) of the Model Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2016 provides for leave with wages to the employees to be calculated on the basis of the number of days worked for a period of 240 days or more. Section 11(7)(b) of the same provision declares that the maternity leave enjoyed by a woman employee under the provisions of the Maternity Benefit Act, 1961, shall be deemed to be days worked for the purpose of computation of 240 days or more but SHALL NOT EARN leave for those days, and the same is the case in respect of a factory worker.
In your case, the employee will not earn any leave during her maternity leave though the period is included for the purpose of computation of 240 days of service in the relevant year.
From India, Salem
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