Dear Professionals,
Please advise on the following:
1. During Maternity Leave, is the salary fully paid as in the case of normal working days?
2. Are PF and Bonus paid by the employer during maternity leave?
3. Is Maternity Leave counted while calculating Gratuity?
4. Are leaves taken because of a miscarriage treated as sick leaves by the company?
5. Are Sick, Casual, and Earned leaves given during maternity leave?
Thank you in advance.
From India, New Delhi
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Please advise on the following:
1. During Maternity Leave, is the salary fully paid as in the case of normal working days?
2. Are PF and Bonus paid by the employer during maternity leave?
3. Is Maternity Leave counted while calculating Gratuity?
4. Are leaves taken because of a miscarriage treated as sick leaves by the company?
5. Are Sick, Casual, and Earned leaves given during maternity leave?
Thank you in advance.
From India, New Delhi
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The responses are as follows:
1. During Maternity Leave, salary is fully paid as in case of normal working days ? Yes, average wages for the last three months is to be paid
2. PF, Bonus is paid by the employer during maternity leaves ? No, the maternity benefit does not fall within the definition of wages under the PF & Bonus Acts
3. Maternity Leave is counted while calculating Gratuity ? Yes, the period of maternity leave falls within the 'çontinuous service' as per the PGA
4. Leaves taken because of Miscarriage shall be treated as sick leaves by the company ? It is also maternity leave as it is provided for in it. So there is no need for any other type of leave
5. Sick, Casual and earned leaves is given during maternity leaves ? Maternity leave is not allowed to be combined with any other leave.
From India, Mumbai
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16561. During Maternity Leave, salary is fully paid as in case of normal working days ? Yes, average wages for the last three months is to be paid
2. PF, Bonus is paid by the employer during maternity leaves ? No, the maternity benefit does not fall within the definition of wages under the PF & Bonus Acts
3. Maternity Leave is counted while calculating Gratuity ? Yes, the period of maternity leave falls within the 'çontinuous service' as per the PGA
4. Leaves taken because of Miscarriage shall be treated as sick leaves by the company ? It is also maternity leave as it is provided for in it. So there is no need for any other type of leave
5. Sick, Casual and earned leaves is given during maternity leaves ? Maternity leave is not allowed to be combined with any other leave.
From India, Mumbai
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Dear Professionals,
I need further clarification regarding Point No. 5. When a female employee takes maternity leave, is she eligible for "Sick Leave, Casual Leave, and Privileged Leave" provided by the company under normal circumstances?
Thank you in advance
From India, New Delhi
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I need further clarification regarding Point No. 5. When a female employee takes maternity leave, is she eligible for "Sick Leave, Casual Leave, and Privileged Leave" provided by the company under normal circumstances?
Thank you in advance
From India, New Delhi
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There cannot be any leave within a leave. So, while on maternity leave, the other leaves to the credit of the woman employee remain untouched. As per Section 10 of the MB Act 1961, an additional leave of one month is available in case there is a complication from delivery or for child care. If the employee wants any other leave in continuum, it is up to the management to decide.
From India, Mumbai
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From India, Mumbai
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The Maternity Benefit Act provided maternity benefit of 26 weeks from 2017.In case of miscarriage, the law permits women six weeks’ leave after the procedure.
From India, Pune
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From India, Pune
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Anchal,
Entitlement of CL, EL, and sick leave will be decided according to the Factories Act if she is employed in a factory or according to the Shop Act if the establishment is registered under the Shop Act, as well as certified standing orders, if any, and terms of employment in the Appointment Letter.
Please elaborate.
S. K. Mittal
9319956443
From India, Faridabad
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Entitlement of CL, EL, and sick leave will be decided according to the Factories Act if she is employed in a factory or according to the Shop Act if the establishment is registered under the Shop Act, as well as certified standing orders, if any, and terms of employment in the Appointment Letter.
Please elaborate.
S. K. Mittal
9319956443
From India, Faridabad
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Dear colleague,
I want to give my opinion on the limited question of granting or availing PL, SL, or CL while a person is already on ML. ML is now for twenty-six weeks, and I fail to understand why the need arises for other types of leave while still on ML.
Where is the need for the concerned lady employee to request such leave? The only possibility is to request PL from her credit to be granted at the end of ML by way of extension, for the management to consider it or not depending on the exigencies of work.
Since a twenty-six weeks' ML is already a long period of leave, granting any other leave cannot be favorably looked upon, and HR policies generally do not permit it as there is no legal compulsion.
Regards, HR and Employee Relations Consultant
From India, Mumbai
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I want to give my opinion on the limited question of granting or availing PL, SL, or CL while a person is already on ML. ML is now for twenty-six weeks, and I fail to understand why the need arises for other types of leave while still on ML.
Where is the need for the concerned lady employee to request such leave? The only possibility is to request PL from her credit to be granted at the end of ML by way of extension, for the management to consider it or not depending on the exigencies of work.
Since a twenty-six weeks' ML is already a long period of leave, granting any other leave cannot be favorably looked upon, and HR policies generally do not permit it as there is no legal compulsion.
Regards, HR and Employee Relations Consultant
From India, Mumbai
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I differ with KK!HR on point No. 2.
While making maternity leave salary deduction and contribution towards PF should be made.
Since it is just like any other paid leave and salary is paid, the amount paid during this leave period will be taken as earned salary for calculation of Bonus also.
For the purpose of deciding eligibility for Earned leave/ PL in the succeeding year (say, 2021), the maternity leave days (in the year 2020) should be considered as days worked. Since the EL/PL is earned only for the days actually worked by any employee (physical days excluding leave days, weekly off days, etc.), the days an employee spends on maternity leave will not earn any leave in the succeeding year.
The eligibility for EL in any year is 240 days of paid working days in the preceding year. For this, all leave days, weekly off days, etc., for which salary is paid will be counted as days worked. This is only for eligibility. The number of days an employee earns is decided by the number of days he was physically present. This will not include weekly off, holidays, and leave days. While calculating EL for the year 2021, obviously, the days during which the employee was on leave including maternity leave will not be taken into account, and therefore, she would earn a lesser number of EL in the succeeding year.
From India, Kannur
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While making maternity leave salary deduction and contribution towards PF should be made.
Since it is just like any other paid leave and salary is paid, the amount paid during this leave period will be taken as earned salary for calculation of Bonus also.
For the purpose of deciding eligibility for Earned leave/ PL in the succeeding year (say, 2021), the maternity leave days (in the year 2020) should be considered as days worked. Since the EL/PL is earned only for the days actually worked by any employee (physical days excluding leave days, weekly off days, etc.), the days an employee spends on maternity leave will not earn any leave in the succeeding year.
The eligibility for EL in any year is 240 days of paid working days in the preceding year. For this, all leave days, weekly off days, etc., for which salary is paid will be counted as days worked. This is only for eligibility. The number of days an employee earns is decided by the number of days he was physically present. This will not include weekly off, holidays, and leave days. While calculating EL for the year 2021, obviously, the days during which the employee was on leave including maternity leave will not be taken into account, and therefore, she would earn a lesser number of EL in the succeeding year.
From India, Kannur
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc