Hi,
We are a small-sized IT company. We credit earned leave (EL) for the entire year in advance every January. Our employees are entitled to 1.5 EL days per month and 1 casual leave (CL) day per quarter.
My query is if a female employee proceeds on maternity leave mid-year:
- Will she be entitled to the earned leave for the same duration?
Please share your inputs.
Regards,
Gia
From India, Pune
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95We are a small-sized IT company. We credit earned leave (EL) for the entire year in advance every January. Our employees are entitled to 1.5 EL days per month and 1 casual leave (CL) day per quarter.
My query is if a female employee proceeds on maternity leave mid-year:
- Will she be entitled to the earned leave for the same duration?
Please share your inputs.
Regards,
Gia
From India, Pune
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Though it is a great benefit for employees, companies should work on it to provide such benefits.
From India, Bengaluru
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From India, Bengaluru
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Your establishment is registered under which act? Shops & Commercial Establishments Act of which state or Factories Act. Is the employee in question covered under the ESI Act? Maternity benefit is paid by ESIC or by the employer under The Maternity Benefit Act, 1961. The above information is very much required to answer your query.
From India, New Delhi
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From India, New Delhi
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It would be a best practice to give EL entitled during her Maternity Leave too, it will not more than 10 leaves in your case even if she claim MB benefit as per the amended Act.
From India, Ahmadabad
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From India, Ahmadabad
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There was a discussion on this issue earlier, read here -
https://www.citehr.com/513232-earned...ity-leave.html.
I presume the query is related to an establishment situated within Maharashtra. If yes and the establishment is subjected to the Shops & Establishments Act, see what the Bombay S&E Act says about maternity leave -
The Bombay Shops and Establishments Act, 1948 BOMBAY ACT NO. LXXIX OF 194
XXXXX
CHAPTER VII
" [हा-सा. Application of Maternity Benefit Act for women employees in establishment.- Notwithstanding anything contained in the Maternity Benefit Act, 1961 (hereinafter in this section referred to as "the said Act"), the State Government may, by notification in the Official Gazette, direct that all or any of the provisions of the said Act or the rules made thereunder shall apply to women employed for wages in all or any of the establishments to which his Act applies, For that purpose, such women employees shall be deemed to be women within the meaning of the said Act. On such application of the provisions of the said Act, an Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act also within the limits of his jurisdiction.] " XXXXXX.
If this is correct, and the Maternity Act is applicable, we shall refer the provisions of MA as well -
The Maternity Benefit Act only talks about how the leave shall be granted and not how any leave-related issues should be regulated in the establishment for which one should refer to the leave policy of the said establishment. By all means, since the Maternity Leave is an authorized leave and there is no break in service either, the period of 12 weeks allowable under the Maternity Act and availed by a female employee should be counted for the computation of EL/PL as for any other leave. Provisions under ESI Act are different.
I have not come across anybody's leave policy which prohibits earning leave while on authorized leave, of course excepting while on study leave/extraordinary leave which does not earn EL/PL credits.
From India, Bangalore
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https://www.citehr.com/513232-earned...ity-leave.html.
I presume the query is related to an establishment situated within Maharashtra. If yes and the establishment is subjected to the Shops & Establishments Act, see what the Bombay S&E Act says about maternity leave -
The Bombay Shops and Establishments Act, 1948 BOMBAY ACT NO. LXXIX OF 194
XXXXX
CHAPTER VII
" [हा-सा. Application of Maternity Benefit Act for women employees in establishment.- Notwithstanding anything contained in the Maternity Benefit Act, 1961 (hereinafter in this section referred to as "the said Act"), the State Government may, by notification in the Official Gazette, direct that all or any of the provisions of the said Act or the rules made thereunder shall apply to women employed for wages in all or any of the establishments to which his Act applies, For that purpose, such women employees shall be deemed to be women within the meaning of the said Act. On such application of the provisions of the said Act, an Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act also within the limits of his jurisdiction.] " XXXXXX.
If this is correct, and the Maternity Act is applicable, we shall refer the provisions of MA as well -
The Maternity Benefit Act only talks about how the leave shall be granted and not how any leave-related issues should be regulated in the establishment for which one should refer to the leave policy of the said establishment. By all means, since the Maternity Leave is an authorized leave and there is no break in service either, the period of 12 weeks allowable under the Maternity Act and availed by a female employee should be counted for the computation of EL/PL as for any other leave. Provisions under ESI Act are different.
I have not come across anybody's leave policy which prohibits earning leave while on authorized leave, of course excepting while on study leave/extraordinary leave which does not earn EL/PL credits.
From India, Bangalore
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Hi,
The employee is not covered under ESI. We have covered her in Group Medical. You are right, Mr. Kumar. We are situated in Maharashtra and fall under the Bombay S&E Act.
Okay, I understand that EL should be given while the employee is on ML, but once she exhausts her ML and extends her leave availing LWP (leave without pay) for say 3-4 months, in that case, for the duration while she is on LWP, would she be entitled to the EL credit. Please do share inputs.
Regards,
Gia
From India, Pune
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The employee is not covered under ESI. We have covered her in Group Medical. You are right, Mr. Kumar. We are situated in Maharashtra and fall under the Bombay S&E Act.
Okay, I understand that EL should be given while the employee is on ML, but once she exhausts her ML and extends her leave availing LWP (leave without pay) for say 3-4 months, in that case, for the duration while she is on LWP, would she be entitled to the EL credit. Please do share inputs.
Regards,
Gia
From India, Pune
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Dear Gia,
No, she will not be entitled to EL. The EL, as the name denotes, first needs to be earned before the employee can avail of the leave. However, as per company policy, you can give all entitled and accumulated leave in a single instance. But if the employee is on LWP, in my opinion, he/she is not entitled to leave for that period.
Senior members can shed more light on the matter.
From India, Delhi
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No, she will not be entitled to EL. The EL, as the name denotes, first needs to be earned before the employee can avail of the leave. However, as per company policy, you can give all entitled and accumulated leave in a single instance. But if the employee is on LWP, in my opinion, he/she is not entitled to leave for that period.
Senior members can shed more light on the matter.
From India, Delhi
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Employee will not be eligible for EL on maternity leave availed. EL or leave is accrued only on days worked.
From India, Mumbai
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From India, Mumbai
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Dear Shrikant,
It is a debatable issue: Maternity Leave is a paid leave and it is a benefit/privilege given to women. Hence, Leave under Maternity Benefit can be treated as days worked. Now, after the amendment of the MB Act, the Maternity leave will be 26 weeks. If we do not count maternity leave as worked days, then any lady employee availing Maternity leave twice in 5 years of her job in any particular company will not be eligible for Gratuity, as she will not be working for 240 days during that period.
From India, Ahmadabad
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It is a debatable issue: Maternity Leave is a paid leave and it is a benefit/privilege given to women. Hence, Leave under Maternity Benefit can be treated as days worked. Now, after the amendment of the MB Act, the Maternity leave will be 26 weeks. If we do not count maternity leave as worked days, then any lady employee availing Maternity leave twice in 5 years of her job in any particular company will not be eligible for Gratuity, as she will not be working for 240 days during that period.
From India, Ahmadabad
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There is no reason why the employee should be deprived of earning leave during the period of availed of as maternity leave. The correct principle should be that the employee should earn leave for all the periods of leave duly applied for and sanctioned, except leave without pay.
From India, Kochi
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From India, Kochi
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Maternity Leave Policy - posting.doc