Umakanthan53
Labour Law & Hr Consultant
Prabhakardipesh25
Hr (talent Acquisition)

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Dear all,
I have a query regarding process after completion of maternity leave period/break. Need your help to understand it better in terms of process and compliance.
(1) After maternity break (26 weeks completion) - how may months, an employee can go on leave without pay?
(2) What happens to employee's earned leaves:
(i) First case: suppose she has 10 earned leaves (EL): Does she need to use EL quota first before leave without pay option? Or she can simply go for leave without pay option first and earned leaves can be used latter!

(ii) Second case: suppose she's back in office and she needs leave for some work/may be not well: does she get Earned leaves immediately? As she has not worked in last 6-7 months then how employer can credit earned leave in her leave quota?
Regards,
Dipesh Prabhakar
Team Lead - HR

From Ghana, Kumasi
Dear Dipesh,
Generally, the type of leave to be availed of in a given situation is the choice of the employee concerned and the employer cannot dictate the order in which different kinds of leave to be applied when the employee has sufficient leave credit. Of course in the interest of unabated continuity of work, your organization's Leave Policy may restrict the length of the continuous leave spell and the combination of certain kinds of leave.
Coming to your queries -
1) When section 10 of the Maternity Benefit Act,1961 allows an additional leave of one month with wages on proper medical evidence in continuation of the 26 week maternity leave, I think that no employee would prefer any leave on LOP without exhausting it first. There is no statutory restriction on leave on LOP, if any to be availed of following maternity leave. It depends on the health condition of the mother or the child or both.
2) The answer at the outset equally applies very well to this question. Any authorized ML or EL would be taken into account for computation of 240 working days in a period of 12 months but no EL will accrue during such leave is the rule.

From India, Salem
Dear Mr. Umakantham, Thank you so much for your reply and detailed description. This is quite clear and helpful.
From Ghana, Kumasi
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