Maternity Act - During Maternity Leave, salary is fully paid as in the case of normal working days? - CiteHR

Dear Professionals,
Please advise on the followings:-
1. During Maternity Leave, salary is fully paid as in the case of normal working days?
2. PF, Bonus is paid by the employer during maternity leaves?
3. Maternity Leave is counted while calculating Gratuity?
4. Leaves taken because of Miscarriage shall be treated as sick leaves by the company?
5. Sick, Casual, and earned leaves is given during maternity leaves?
Thank you in advance.

From India, New Delhi
Industrial Relations And Labour Laws
Management Consultancy
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Company Secretary


The responses are as follows:
1. During Maternity Leave, salary is fully paid as in case of normal working days ? Yes, average wages for the last three months is to be paid
2. PF, Bonus is paid by the employer during maternity leaves ? No, the maternity benefit does not fall within the definition of wages under the PF & Bonus Acts
3. Maternity Leave is counted while calculating Gratuity ? Yes, the period of maternity leave falls within the 'çontinuous service' as per the PGA
4. Leaves taken because of Miscarriage shall be treated as sick leaves by the company ? It is also maternity leave as it is provided for in it. So there is no need for any other type of leave
5. Sick, Casual and earned leaves is given during maternity leaves ? Maternity leave is not allowed to be combined with any other leave.

From India, Mumbai
Dear Professionals,
I again need more clarification regarding Point No. 5. While availing maternity leaves by a female employee, is she eligible for "Sick Leave, Casual Leave and Privileged Leave" which is given by the company in normal scenario.
Thank you in advance

From India, New Delhi

There cannot be any leave within a leave. So while on maternity leave, the other leaves to the credit of the woman employee remains untouched. As per Section 10 of MB Act 1961 an additional leave of one month is available in case there is complication from delivery or for child care. If employee wants any other leave in continuum, it is upto the management to decide.
From India, Mumbai
The Maternity Benefit Act provided maternity benefit of 26 weeks from 2017.In case of miscarriage, the law permits women six weeks’ leave after the procedure.
From India, Pune
Entitlement of CL, EL and sick leave will be decided according to the Factories Act if she is employed in a factory or according to Shop Act if the establishment is registered under Shop Act as well as certified standing orders, if any and terms of employment in Appointment Letter.
Please elaborate
S. K. Mittal

From India, Faridabad
Dear colleague,
I want give my say on limited question of granting/availing PL, SL or CL during the person already on ML. ML is now for twenty six weeks and I fail to understand how the need arises for other type of leaves while still availing ML.
Where is the need for the concerned lady employee to request such leave. Only possibility is to request PL to her credit to be granted at the end of ML by way of extension and it for the management to consider it or not depending on exigencies of work.
Since twenty six weeks' ML is itself is long period of leave, granting of any other leave cannot favourably be looked upon and HR policies generally do not permit it as there is no legal compulsion.
HR and Employee Relations Consultant

From India, Mumbai
I differ KK!HR on point No 2.

While making maternity leave salary deduction and contribution towards PF should be made.

Since it is just like any other paid leave and salary is paid, the amount paid during this leave period will be taken as earned salary for calculation of Bonus also.

For the purpose of deciding eligibility for Earned leave/ PL in the succeeding year (say, 2021) the maternity leave days (in the year 2020) should be considered as days worked. Since the EL/PL is earned only for the days actually worked by any employee (physical days excluding leave days, weekly off days etc), the days an employee spends in maternity leave will not earn any leave in the succeeding year.

The eligibility or EL in any year is 240 days paid working days in the preceding year. For this all leave days, weekly off days etc for which salary is paid will be counted as days worked. This is only for eligibility. The number of days an employee earns is decided by the number of days he was physically present. This will not include weekly off, holidays and leave days. While calculating EL for the year 2021, obviously, the days during which the employee was on leave including maternity leave, will not be taken here and therefore, sh would earn lesser number of EL in the succeeding year.

From India, Kannur

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