I want to know that is maternity leave to be considered as present for annual leave calculation even though she is covered in ESIC. As she is on leave so how we can consider her as present and give her PL for the said period as she is on rest.
As she is on maternity leave her service is considered as continue & she will also be eligible for gratuity. But according to me she is not eligible for PL during maternity leave period. How can this is possible double benifit maternity leave plus PL
I request you to kindly clear my confusion. Corrent me if I am wrong with proper justification.

From India, Chennai
For eligibility the days she was on maternity leave, whether under ESI scheme or not, will be considered as days worked. But she will earn leave only for the days she was physically present. Simply, for eligibility one should work for 240 days. this shall include all weekly of days, holidays and approved leave days including maternity leave days. But her leave for the subsequent year will be based on her actual physically present days which excludes all weekly off days, leave days etc.
From India, Kannur

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