Dear Sir,
I am working in Pvt Ltd company where some employees are on contract basis. One of the contract employee had gone for Maternity leave from 1st Aug 2011 to 30th Sep 2011. And she had taken claim esic for maternity benefit and she had received the ESIC claim as well. During the Privilege leave calculation we have omitted this two month as she was absent for 2 month. Employee had demanded PL for this 2 month. Can you please help me to decide whether she will be entitled for PL for this 2 month when she was on maternity leave.
Regards,
From India, Mumbai
I am working in Pvt Ltd company where some employees are on contract basis. One of the contract employee had gone for Maternity leave from 1st Aug 2011 to 30th Sep 2011. And she had taken claim esic for maternity benefit and she had received the ESIC claim as well. During the Privilege leave calculation we have omitted this two month as she was absent for 2 month. Employee had demanded PL for this 2 month. Can you please help me to decide whether she will be entitled for PL for this 2 month when she was on maternity leave.
Regards,
From India, Mumbai
dear Arti
For the purpose of calculating leave that will accrue in a calender year to an employee on the basis of the days she worked, I am of the veiw that the maternity leave enjoyed by her during the relevant calender year, shall not be taken into consideration.
B.Saikumar
HR & Labour Law Advisor
Mumbai
09930532927
From India, Mumbai
54For the purpose of calculating leave that will accrue in a calender year to an employee on the basis of the days she worked, I am of the veiw that the maternity leave enjoyed by her during the relevant calender year, shall not be taken into consideration.
B.Saikumar
HR & Labour Law Advisor
Mumbai
09930532927
From India, Mumbai
Dear No leave will be calculated for the maternity leave period. you can refer section 79 factories act explanation 1 where clearly written no computation will be made for maternity perid.
From India, Delhi
From India, Delhi
Hi Arthi, I think I misunderstood your query at the outset and replied, hence deleted my reply. Sorry. Regards Chandru
From India, Madras
From India, Madras
Dear chandra sekar
The issue is not whether PL can be adjusted against or substituted for maternity leave. The issue is whether the period for which the woman employee was granted maternity leave should be added to other days on which she was present on duty during the calender year for the limited purpose of calculating thenumber of days of PL that would accrue to her during the calender year. It cannot be added as per the provisions of teh fcatories Act as Mr.Malk explained or even if the establishment is not a factory, it cannot be added going by the spirit of the Provision sof the Shops Act unlelss any Shop Act specifically includes it.So far as Bombay Shops Establishments Act is concerned, it does not specifically include the period of leave for the purose of deciding PL eligibility.
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
The issue is not whether PL can be adjusted against or substituted for maternity leave. The issue is whether the period for which the woman employee was granted maternity leave should be added to other days on which she was present on duty during the calender year for the limited purpose of calculating thenumber of days of PL that would accrue to her during the calender year. It cannot be added as per the provisions of teh fcatories Act as Mr.Malk explained or even if the establishment is not a factory, it cannot be added going by the spirit of the Provision sof the Shops Act unlelss any Shop Act specifically includes it.So far as Bombay Shops Establishments Act is concerned, it does not specifically include the period of leave for the purose of deciding PL eligibility.
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Dear Senior,
Is it mandatory for and establishment to pay salary for an employee( not covered under ESIC) who is on maternity leave?
How much days salary should be paid if mandatory and under which rule?
Thanks & regards,
Meena
From India, Mumbai
Is it mandatory for and establishment to pay salary for an employee( not covered under ESIC) who is on maternity leave?
How much days salary should be paid if mandatory and under which rule?
Thanks & regards,
Meena
From India, Mumbai
Dear Sir,
As she has availed Maternity Leave from ESI and got benefit. The EL cannot be sanctioned for the same leave period.
However, she can surrender leave to her credit and can get EL encashment amount if approved by the Management.
D.Gurumurthy
H.R. & I R Consultant.
From India, Hyderabad
As she has availed Maternity Leave from ESI and got benefit. The EL cannot be sanctioned for the same leave period.
However, she can surrender leave to her credit and can get EL encashment amount if approved by the Management.
D.Gurumurthy
H.R. & I R Consultant.
From India, Hyderabad
Dear Aarti,
As per Act, employee has to work for 240 days in the previous calendar year for the eligibility to get earn leave, if he / she has crossed 240 days then one day for every 20 days.
For the calculation of 240 days you can add the maternity leave period but while calculating earn leave i.e 1 day for every 20 days that time no need to consider this maternity period.
Please correct me, if i am wrong.
Regards,
S.Ram Kumar
As per Act, employee has to work for 240 days in the previous calendar year for the eligibility to get earn leave, if he / she has crossed 240 days then one day for every 20 days.
For the calculation of 240 days you can add the maternity leave period but while calculating earn leave i.e 1 day for every 20 days that time no need to consider this maternity period.
Please correct me, if i am wrong.
Regards,
S.Ram Kumar
Dear Meena,
An employee who has worked for a period of not less than 180 days in the last twelve months will be provided a maternity leave of 12 weeks with salary.
Hope i answered your query.
Regards
Kannan R
09886617385
From India, Bangalore
An employee who has worked for a period of not less than 180 days in the last twelve months will be provided a maternity leave of 12 weeks with salary.
Hope i answered your query.
Regards
Kannan R
09886617385
From India, Bangalore
Mr JS Malik interpretation is wrong.You need take 12 weeks of maternity benefit into computation of leave :
79. ANNUAL LEAVE WITH WAGES. -
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
From India, Bangalore
79. ANNUAL LEAVE WITH WAGES. -
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
From India, Bangalore
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