Dear All
As per our leave rule 30 days E.L. pa i.e. 2.5 E.L. per month, Can we give 30 days E.L. for those employees who avail 12 week maternity leave or we can deduct proportionate 7.5 E.L. for avail maternity leave.
Regards
Rakesh Dubey

From India, Raipur
Hi!
I had the same problem few days back. When i consulted the labour law consultant he told me you cannot deduct their EL or PL while they are on ML. But if they have taken LWP after ML due to same reason during that period you can deduct the EL or PL.
Regards
Chitra

From India, Mumbai
Hi,
As per the HR Policy ,EL is credited on account of your presence on the duty.EL can be deducted in the cases of unauthorised absences/Extra Ordinary Leave only.However, in case of ML,ML is a social benefit being provided through Maternity Benefit Act for a period of 90 + 45 days,which is regarded leave.In no case sanctioned ML can be counted as unuthorised absence for which EL crediting will not be done.
Thanks,
Sanjeev

From India, Bangalore
Under Factories Act, EL is earned only for the days worked. As per this Act, only employees who had worked at least for 240 days in the previous year will be eligible for leave (EL). Days of leave availed during the previous year like CL, ESI leave, leave due to accidents while on duty and maternity leave will be treated as days worked but only for deciding whether an employee is eligible for leave in the current year. Therefore, if an employee had actually worked only for less than 240 days will not get EL whereas one who had actually worked, say for 210 days but was on leave with pay for 30 days will be eligible for EL this year. But his EL will be based on 210 days of work only. In the similar way, an employee who had worked only for 156 days but was on Maternity leave for 84 days will get EL but the number of EL will be restricted to the ratio of number of leave to the days worked (as per Factories Act, one leave for every twenty days worked) However, any leave rule which is better than the statutory one can be followed.

Regards,

Madhu.T.K

From India, Kannur
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