Maternity Leave and Working Days: Should It Be Counted in Employee Calculations?

I have a doubt regarding EL calculation. To calculate the working days of an employee, will the maternity leaves be deducted or not?

Dear,

Under which of the Acts do you want to calculate the earned leaves?

With Regards,
R.N. Khola

Hi all,

I have a doubt while calculating EL Leave under the Factories Act. How to calculate EL? We gave 6 months of no work to some employees. The minimum eligibility for EL is 240. Are the number of working days divided by 20? Should the 6 months be included or excluded? Please clarify this for me.

Regards,
Priya

Dear Priya,

We hope that you have also gone through Chapter VIII of the Factories Act, 1948, especially Section 79 relating to your query. In this case, you have not specified what arrangements you have made for the period of six months when you are not providing work to some employees, as mentioned by you. Are they given layoff or shown as absent? Do you show a break in service, or do you give leave without pay? You must have noticed that the days to be counted in computing 240 days are provided in Section 79 Explanation 1.

Hi Khola,

We did not assign any work (without pay) to those employees. However, the LOP days are being shown as a break in service.

Dear Priyaarjini,

Both your actions, i.e., LOP and break in service, are beyond my understanding. If there is a break in service, then make the payment of EL at the time of making his full and final as per Section 79 Explanation 2-(3) of the Factories Act.

With Regards,
R.N.Khola

[priyaarajini;1043264] Hi Khola, we gave no work (without pay) to those employees, but the LOP days are shown in the break in service.

Go through the advice of Mr. R.N. Khola and identify under which act the calculation of earned leave is required.

Sumit