I want to know that is maternity leave to be considered as present for annual leave calculation even though she is covered in ESIC. As she is on leave so how we can consider her as present and give her PL for the said period as she is on rest.
As she is on maternity leave her service is considered as continue & she will also be eligible for gratuity. But according to me she is not eligible for PL during maternity leave period. How can this is possible double benifit maternity leave plus PL
I request you to kindly clear my confusion. Corrent me if I am wrong with proper justification.
From India, Chennai
As she is on maternity leave her service is considered as continue & she will also be eligible for gratuity. But according to me she is not eligible for PL during maternity leave period. How can this is possible double benifit maternity leave plus PL
I request you to kindly clear my confusion. Corrent me if I am wrong with proper justification.
From India, Chennai
For eligibility the days she was on maternity leave, whether under ESI scheme or not, will be considered as days worked. But she will earn leave only for the days she was physically present. Simply, for eligibility one should work for 240 days. this shall include all weekly of days, holidays and approved leave days including maternity leave days. But her leave for the subsequent year will be based on her actual physically present days which excludes all weekly off days, leave days etc.
From India, Kannur
4242From India, Kannur
The treatment of maternity leave as present for annual leave calculation, even if the employee is covered under the Employees' State Insurance Corporation (ESIC), can vary based on company policies, local regulations, and specific circumstances. Here are some considerations:
Company Policies: Some companies may have policies that treat maternity leave as part of the employee's service tenure for the purpose of calculating annual leave entitlement. In such cases, the period of maternity leave may be considered as present for the calculation of annual leave.
Legal Requirements: Employment laws and regulations in some jurisdictions may mandate that maternity leave be treated as part of the employee's service tenure for various purposes, including entitlement to annual leave. In such cases, employers are required to comply with the legal requirements regarding maternity leave and annual leave calculation.
ESIC Coverage: If the employee is covered under the Employees' State Insurance Act (ESI Act) and is availing maternity benefits through ESIC, the specific provisions of the act regarding maternity leave and benefits would apply. However, whether maternity leave should be considered as present for annual leave calculation may depend on additional factors such as company policies and applicable laws.
Consultation with Legal Experts: Employers should consult legal experts or labor law advisors to ensure compliance with relevant laws and regulations regarding maternity leave and annual leave calculation. They can provide guidance on the specific requirements and implications based on the jurisdiction and individual circumstances.
In summary, the treatment of maternity leave for annual leave calculation, particularly in cases where the employee is covered under ESIC, can vary based on company policies and legal requirements. Employers should carefully review applicable laws, consult legal experts, and establish clear policies to ensure compliance and fairness in their approach to maternity leave and annual leave entitlements.
Visit: https://www.pockethrms.com/resources/hr-templates/maternity-leave-policy-in-india-free-download/
From India, Mumbai
Company Policies: Some companies may have policies that treat maternity leave as part of the employee's service tenure for the purpose of calculating annual leave entitlement. In such cases, the period of maternity leave may be considered as present for the calculation of annual leave.
Legal Requirements: Employment laws and regulations in some jurisdictions may mandate that maternity leave be treated as part of the employee's service tenure for various purposes, including entitlement to annual leave. In such cases, employers are required to comply with the legal requirements regarding maternity leave and annual leave calculation.
ESIC Coverage: If the employee is covered under the Employees' State Insurance Act (ESI Act) and is availing maternity benefits through ESIC, the specific provisions of the act regarding maternity leave and benefits would apply. However, whether maternity leave should be considered as present for annual leave calculation may depend on additional factors such as company policies and applicable laws.
Consultation with Legal Experts: Employers should consult legal experts or labor law advisors to ensure compliance with relevant laws and regulations regarding maternity leave and annual leave calculation. They can provide guidance on the specific requirements and implications based on the jurisdiction and individual circumstances.
In summary, the treatment of maternity leave for annual leave calculation, particularly in cases where the employee is covered under ESIC, can vary based on company policies and legal requirements. Employers should carefully review applicable laws, consult legal experts, and establish clear policies to ensure compliance and fairness in their approach to maternity leave and annual leave entitlements.
Visit: https://www.pockethrms.com/resources/hr-templates/maternity-leave-policy-in-india-free-download/
From India, Mumbai
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf