Maternity Leave Dilemma: Should CL and EL Be Deducted During Leave? How to Advise Management?

Dear Friends,

In my organization, when they approve maternity leave, the management is telling to automatically deduct the CL and EL in the concerned employee's account, which falls in the maternity leave period of that employee. Is it right? Please guide me on how to advise management in this regard.

Regards,
S. Sankar

As per my understanding, we can't deduct employee leaves to avail of maternity leave. I think your management wants to gain some benefit from this. Try to convince your management that it may lead to some legal problems for the company.

Thanks & Regards,
Vani

Dear Sankar, this is not right. As per the Maternity Benefits Act, such employees are entitled to get 12 weeks of leave only on fixed pay. The law also states that if employees want, they can request light work (if they are employed to conduct heavy work like weightlifting and all) for 10 weeks prior to delivery.

Please inform your management that this is a statutory compliance issue. If not followed or if an employee complains, there is a provision for 6 months of imprisonment along with a cash fine as per the law.

Regards,
Raj
Manager-HR