Query on Maternity Leave

suja_nm · #1 (**permalink**) 26-08-2008, 06:25 PM

Hello Friends,

Need your help on Maternity Leave administration.

As per the act a female employee is eligible for ML 6 weeks before and after the delivery(84 days).

1. Are weekly offs included in this 84 days?
2. Are intervening mandatory holidays declared by the organization included for the same?

While calculating Privilege Leave, is ML counted as working day and is leave earned for the period of ML?

I did go thro' the posts in Cite HR for any info on the same, but could not find any.

Seeking your help.

Regards,
Suja

ashleycameron · #2 (**permalink**) 27-08-2008, 03:45 AM

weekly off will not be included...
That 84 days are unique holidays...

Madhu.T.K · #3 (**permalink**) 27-08-2008, 11:30 AM

It is not mandatory that 6 weeks leave should be taken before the expected date of delivery, she can take all the 12 weeks leave after the actual date of child birth. 12 weeks maternity leave include weekly off and holidays which intervene.
While calculating Earned Leave, the maternity leave shall be counted as days worked only for deciding whether she is eligible for EL but actually she will not earn leave for the maternity leave days. Following the Factories Act, one becomes eligible for EL when he/she works for 240 days in the preceeding year. In order to calculate this 240 days, days of lay off, maternity leave, CL days etc will be counted as days worked. Thus, if she work for 156 days and avails 84 days of maternity leave she is eligible for EL but he EL will be restricted to 7.8 days (8 days) calculated @ 1 day per 20 days worked for 156 days. This will change according to the pattern available in the respective organisation.

Regards,

Madhu.T.K

Suresh Ramalingam · #4 (**permalink**) 27-08-2008, 11:35 AM

Hi,

For calculating the MB the intervening holidays, weekly offs has to be calculated for the payment. There is no provisions in the act to pay only for working days.

Any Leave is granted on the no. of working days worked during the year(Bombay shops & Estb Act). for e.g. 5 days for every 60days. or 21days for not less than 240 days in a year.

suja_nm · #5 (**permalink**) 29-08-2008, 01:50 PM

Thank you Madhu and Suresh for your replies. This has clarified the doubts I've had.

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