Anonymous
Dear learned members, request you to plz clarify on two points :-

1) Can we deduct 6 months maternity leave from alloted leave (CL ML, EL etc) of employees, proportionately, after her joining, considering no work from her end during that period ?

2) If she extends her leave after six months with doctor's certificate, what will be the leave adjustment procedure?
Will it be LOP or may be adjusted from her balance leave?

From India, Bhubaneswar
alok-singh1
78

Hello, In view of additional leave if reason is satisfactory you can approve and adjust from their leave balance otherwise you can mark LWP.

vmlakshminarayanan
919

Hi,

1. You cannot adjust maternity leave against accrued leave balance. 182 days leave with salary is compulsory. If the employee is covered under ESI then employee can avail maternity benefit through ESI.

2. Extension of maternity leave after 182 days: Here wherever possible Management can consider to adjust the extension of leave against available leave balance.. but not mandatory.. Alternatively if the mature of the work of employee is feasible WFH option can be given to employee if employee is willing for the same. This way employee can take care of the baby, feed the baby at regular intervals and no need to travel to office.

From India, Madras
Madhu.T.K
4193

You cannot deduct 6 months' maternity leave from the leave to her credit because the maternity leave is the leave available to female employees over and above the EL and other kinds of leave available. This 6 months' leave should be full paid leave. If she seeks one month additional leave due to any medical complications of pregnancy and child birth as approved by the medical practitioner, that should also be paid leave. Again, if she asks for more leave than the 6+1 months, that can be adjusted against the leave available in her credit or mark as leave without pay.

The maternity leave of 26 weeks is available only to those who do not have two surviving children.

From India, Kannur
Rajib choudhury
Thank you so much respected learned members of this group for your valuable advice. With respect to the discussion on this issue, I do need a small clarification as to whether we shall follow the same procedure of leave treatment for employees taking long leave under ESIC (approved and advised by ESIC Doctor) due to some other reason (serious injury, serious ailment etc) except for Maternity leave availed from ESIC or not. In this case shall we adjust the non working days with alloted leave granted to him proportionately with LOP or no leave can be deducted from his/her alloted leave like the maternity leave. Please advice.
From India, Bhubaneswar
Madhu.T.K
4193

Leaves under ESI shall be marked as ESI leave and for that NO SALARY shall be paid from your end but the ESIC will pay the amount as per their rules. For maternity leave under ESI also the treatment is the same. You should not pay any salary.

I didn't get your this query, "In this case shall we adjust the non working days with allotted leave granted to him proportionately with LOP or no leave can be deducted from his/her allotted leave like the maternity leave". The leaves under ESI is unpaid leaves. Hence there is no question of adjusting it against any 'allotted' leave. By 'allotted leave' do you mean leaves to the credit of the employee? Please clarify.

From India, Kannur
Rajib choudhury
Yes sir, "total leave alloted" - I mean to say all the CL, MlL & EL accrued in employee's quota - Here I mean to say that just as maternity leave if we do not adjust 182 days (ESI) non working days leave from her leave balance, is the same case applies for employee (male / female) taking long leave from ESIC due to some other reason (serious injury, ailment etc)
From India, Bhubaneswar
Madhu.T.K
4193

Over and above the maternity leave or leave on account of employment injury or serious illness or occupational diseases given by the ESI shall be adjusted against EL or other leaves as admissible.
From India, Kannur
sharmavk05
29

Dear All,

After the prescribed leave under this Act, both (Employer and Employee) can sit and discuss the matter jointly and finalise the leave on humanitarian grounds. There is no prescribed formula under the Act.

Regards,

From India, Delhi
sonia-mahajan
1

If a woman extends her maternity leave after six months with a doctor's certificate, the leave adjustment procedure will depend on the specific policies and laws of the country or organization she works for.

In general, the woman would need to inform her employer of her intention to extend her leave and provide the doctor's certificate as proof of the need for additional time off. The employer would then review the certificate and determine if the extension is allowable under their policies and the applicable laws.

If the extension is allowed, the woman's leave period would be adjusted accordingly, and her employer would need to update their records and communicate the revised return date to the woman.

It's important to note that the specific procedures and requirements may vary widely depending on the country, organization, and individual circumstances, so it's advisable to consult with an HR representative or legal professional for guidance.

From India
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