Maternity Leave and Earned Leave: Can They Be Combined for More Time Off?

Hi all,

Please solve this query of mine. In the month of November, an employee applies for maternity leave. As per the act, twelve weeks is applicable as maternity leave. But in that year, if the employee has any earned leave (say 10 days), will it come into account along with the twelve weeks?

Regards,
K.M. Aarthi

Hi,

K.M. Aarthi,

In maternity benefits, every woman employee is entitled to 12 weeks of leave (maximum). This leave is counted separately from other types of leave.

Please correct me if I am wrong.

Hi,

As per the Maternity Benefits Act of 1961, as you rightly said, it is 12 weeks. It is not appropriate to take an employee's earned leave into account when computing it to 12 weeks.

In addition to the 84 days of leave granted, it is up to the employee to decide whether to extend her leave, which is allowed as a credit to her.

I hope your query has been answered.

Regards,
Manoj

Hi Arthi,

According to the law, a female employee is eligible for 90 days of maternity leave (84 working days). Any leave balance is credited to her account over and above the maternity leave. A new mother avails the Earned Leave or Privilege Leave for the extension of her leave upon completion of maternity leave. Under normal circumstances, most organizations accept this extension.

Regards,
Bindu

Hi Arthi,

Maternity leave should not count towards earned vacation. One important thing that we should take care of is that employees should not come to the office within six weeks of their delivery.

Regards,
Pramod

Hi everyone,

I have a doubt regarding the Maternity Benefit Act. Does this act apply everywhere, i.e., in all industries? Can it apply in a service industry as well?

This is an urgent request. Please clarify my query at the earliest.

Thanks and regards,
Simran

There is no doubt in it. The service industry also comes under the Shops and Establishment Act as far as the Labour Act is concerned, and hence it is also covered.

Krishnaraj P R

I am working for an MNC IT firm and would like to know if female employees proceeding on maternity leave can combine their sick leave and casual leave along with maternity leave. Also, I would like to know if the leaves accrued (vacation leave, sick leave, casual leave) during maternity leave of 12 weeks can be combined with maternity leave, or if they have to resume duty to avail this leave. Please advise.

As per policy, it's 18 vacation days, 6 sick days, and 6 casual days.