If any women employee avails the Maternity leave as per the act. If she is not physically present at the workplace then can she apply for monthly earned leave as per the Factory act.
From India
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The period of maternity leave (with wages) will be considered as days worked for getting eligibility for earned leave in the subsequent year. However, she will not earn leaves on these days. For eligibility, an employee needs to work for 240 days in a year, which shall include maternity leave days. An employee who has qualified to get earned leave will earn leave on the basis of one day for every twenty days physically worked. Only days physically worked (excluding days spent on maternity leave) will be considered for this calculation. In short, she will get earned leave, but the number of leaves will be less.
From India, Kannur
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The woman employee can take her earned leaves that already exist in her account if availing Maternity leave is required in an emergency. The employee needs to apply her balance leave with supporting documents to extend the leave.
From India, Mumbai
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The query lacks clarity. Why should the employee take Earned Leave if she is already on Maternity Leave?
From India, Kochi
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In many occasions, either the mother or the newborn baby develops health issues after delivery. Therefore, the mother may require additional days of leave beyond the allotted maternity leave until she regains good health to resume her duties. In cases where such requirements arise, employees should utilize the leave from their accrued EL balance rather than opting for Leave Without Pay (LOP). This response pertains to the query raised by Mr. P. Venu.
From India, Mumbai
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