PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
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The entire period availed as maternity leave would be taken into account for the purpose of calculation of 240 days of continuous service which is the eligibility criterion for EL to be availed in the succeeding year.
Yet, as the employee does not work actually during these days of maternity leave, she will not earn any leave on these 26 weeks.
From India, Salem
Suresh RathiMy opinion is that 240 days of continuous service which is the eligibility criterion for EL to be availed in the succeeding year is applicable under Factories Act.
If employer falls under Shop and Establishment Act then EL is to be calculated based on the provisions of EL under Shop and Establishment Act which are different.
Yes , as the name suggests , Maternity Leave is as it is leave and that period can not be considered for working out EL/ CL etc.
From India, Delhi