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An employee who continues to work after maternity leave of 6 month, is she eligible to earn leave on maternity leave period. Private company employee - i.e. if employee take maternity leave from March to August, how much leave she earn in next year.
From India, Chennai
Dear Suraj,
Had you mentioned specifically the type of the establishment, it would have been easier for pin-pointing the provision of the relevant Act applicable to the particular establishment of the Private Company.
Anyway, since the provision for earned leave and its computation are similar in almost all the establishment-specific labor laws and more or less based on the provisions of section 79 of the Factories Act,1948 that deals with Annual Leave with Wages, it is not difficult to provide a correct answer drawing an analogy in this regard.
Section 11(3) of the Model Shops and Establishments (Regulation of Employment and Conditions of Service) Act,2016 provides for leave with wages to the employees to be calculated on the basis of the no of days worked for a period of 240 days or more.
Section 11(7)(b) of the same provision declares that the maternity leave enjoyed by a woman employee under the provisions of the Maternity Benefit Act,1961 shall be deemed to be days worked for the purpose of computation of 240 days or more but SHALL NOT EARN leave for those days and the same is the case in respect of a factory worker.
In your case, the employee will not earn any leave during her maternity leave though the period is included for the purpose of computation of 240 days of service in the relevant year.

From India, Salem
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