During 2017 one of my female employee has used her 6 months paid maternity leaves ( June to November) so is she eligible for CL & SL for those 6 months.
We give 12 CL + 6 SL (1 CL per month & .5 SL per month) in the calendar year so will she get 12+6 = 18 leaves or 6 CL & 3 SL for 2017?
From India, Ghaziabad
We give 12 CL + 6 SL (1 CL per month & .5 SL per month) in the calendar year so will she get 12+6 = 18 leaves or 6 CL & 3 SL for 2017?
From India, Ghaziabad
As Cl & SL leaves are generally at the discretion of management need to check your Leave Policy for the same. Either it can be given or it can be denied its depend on leave policy.
From India, Pune
467From India, Pune
Normal rule is that the period of leave (any leave) does not count for computing the leave as the days of actual service only will be considered unless your leave policy permits it.
B.Saikumar
HR & Labour relations advisor
Navi Mumbai
From India, Mumbai
B.Saikumar
HR & Labour relations advisor
Navi Mumbai
From India, Mumbai
Dear Deepika, you have stated that CL & SL is Credited to Employee Account on Monthly Basis/Prorata basis.
The Employee in question will not be eligible for CL&SL Proportionately i.e 26 Weeks.
You have to reduce her entitlement of CL & SL proportionately
From India, New Delhi
The Employee in question will not be eligible for CL&SL Proportionately i.e 26 Weeks.
You have to reduce her entitlement of CL & SL proportionately
From India, New Delhi
Hello Deepika
My post is with reference to only EL or PL which is based on the actual days of work. So far as CL & SL are concerned, my view is that the CL & SL will accrue even for the period of maternity leave and it has no impact on it unless your leave policy states otherwise.
B.Saikumar
HR & Labour relations Advisor
Navi Mumbai
From India, Mumbai
My post is with reference to only EL or PL which is based on the actual days of work. So far as CL & SL are concerned, my view is that the CL & SL will accrue even for the period of maternity leave and it has no impact on it unless your leave policy states otherwise.
B.Saikumar
HR & Labour relations Advisor
Navi Mumbai
From India, Mumbai
Dear Deepika,
Earned Leave is the only leave the actual accrual of which is based on the number of days actually worked by the employee concerned in the previous year of service so as to avail of in the succeeding years and has the carry forward facility subject to certain limit. CL and SL are the types of leave, lapsable within the year whether availed of or not and hence the days spent on CL or SL are treated as the days actually worked by the employee for all practical purposes. Therefore, their accrual for a year is independent and not conditioned by any other leave of absence. As a word of caution, my above observation should not be compared to the practice of pro-rata basis calculation of C.L and S.L in the case of an employee newly joining the services in the middle of the year.
Another note worthy point, in my opinion, is that the 26 weeks of absence on account of maternity for which salary is paid by the employer, though we colloquially call it as ' maternity leave', per se, it is not leave but only " maternity benefit " in terms of money calculated at the rate of the employee's average daily wages for the period of her actual absence. Since maternity benefit is an additional statutory benefit granted to female employees only in recognition of their motherhood, the stringent approach of pro-rata basis calculation of C.L and S.L by excluding such " statutory absence ", whether they are granted as per any applicable Law or by concession, would certainly undermine the very purpose of such statutory benefit.
From India, Salem
Earned Leave is the only leave the actual accrual of which is based on the number of days actually worked by the employee concerned in the previous year of service so as to avail of in the succeeding years and has the carry forward facility subject to certain limit. CL and SL are the types of leave, lapsable within the year whether availed of or not and hence the days spent on CL or SL are treated as the days actually worked by the employee for all practical purposes. Therefore, their accrual for a year is independent and not conditioned by any other leave of absence. As a word of caution, my above observation should not be compared to the practice of pro-rata basis calculation of C.L and S.L in the case of an employee newly joining the services in the middle of the year.
Another note worthy point, in my opinion, is that the 26 weeks of absence on account of maternity for which salary is paid by the employer, though we colloquially call it as ' maternity leave', per se, it is not leave but only " maternity benefit " in terms of money calculated at the rate of the employee's average daily wages for the period of her actual absence. Since maternity benefit is an additional statutory benefit granted to female employees only in recognition of their motherhood, the stringent approach of pro-rata basis calculation of C.L and S.L by excluding such " statutory absence ", whether they are granted as per any applicable Law or by concession, would certainly undermine the very purpose of such statutory benefit.
From India, Salem
During the 26 Six Week Of Maternity Leave, EL+CL+SL will be kept apart but The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks.Remind EL+CL were based on working days.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Employee Appraisal Form new.doc