Asso.prof.(commerce & Management)

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If an employee has availed Maternity leave from 1st Jul 2018 till 15 Dec 2018, how to calculate her PL for 2019
Also if she has not availed any PL during 2018 then is she entitled for leave encashment.

From India, Mumbai
The entire period of maternity leave availed by the employee shall be taken as the days she worked for the purpose of continuity of her service in the organization but she would not earn any PL for those deemed working days.
From India, Salem
Hi DeepG,
If you follow the Maternity Benefit Act, there cannot be any diff.formula for calculating PL eligibility post ML. You might possibly have a doubt whether the maternity leave availed by the employee should be reckoned for crediting the PL for the past year (one year of service). Pl.be clear maternity leave being a paid legally permitted leave the period thus availed should be treated as 'service rendered' like any other leave as per the Maternity Benefits Act.
Read the discussion in this link also for further info.-
and the HC judgment on this -
However if there was LWP or absent (on grounds other than maternity related) and has been treated as break-in-service, it's a different dispensation.

From India, Bangalore
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