There was a discussion on this issue earlier, read here -
https://www.citehr.com/513232-earned...ity-leave.html.
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I presume the query is related to an estt. situated within Maharashtra. If yes and the estt. is subjected to the Shops & Estt. Act. see what the Bombay S&E Act says about maternity leave -
The Bombay Shops and Establishments Act, 1948 BOMBAY ACT NO. LXXIX OF 194
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CHAPTER VII
" [ЗЗ-С. Application of Maternity Benefit Act for women employees in estabIishment.- Notwithstanding anything contained in the Maternity Benefit Act, 1961 (hereinafter in this section referred to as "the said Act"), the State Government may, by notification in the Official Gazette, direct that all or any of the provisions of the said Act or the rules made thereunder shall apply to women employed for wages in all or any of the establishments to which his Act applies, For that purpose, such women employees shall be deemed to be women within the meaning of the said Act. On such application of the provisions of the said Act, аn Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act also within the limits of his jurisdiction.] " XXXXXX.
If this is correct, and the Maternity act is applicable, we shall refer the provisions of MA as well -
The Maternity Benefit Act only talks about how the leave shall be granted and not how any leave related issues should be regulated in the estt. for which one should refer to the leave policy of the said estt. By all means, since the ML is an authorised leave and there is no break in service either, the period of 12 weeks allowable under the MA and availed by a female employee should be counted for computation of EL/PL as for any other leave. Provisions under ESI act is different.
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I have not come across anybody's leave policy which prohibits earning leave while on authorised leave, of course excepting while on study leave/extra ordinary leave which does not earn EL/PL credits.