Navigating Maternity and Earned Leave: Is She Eligible for Extra Leave Adjustment?

Hi, please guide me on the following matter. I am working in a pharma company as an HR professional:

Maternity Leave and Earned Leave Adjustment

1. One of our employees went on maternity leave, and after her six months of leave, she applied for an additional 2 months of leave.

2. For the extra 2 months of leave, she requested to adjust her earned leave (EL) balance. She had only worked from January to April 2018 (took maternity leave from May to October 2018, and used EL from November to December).

3. As per my understanding of the act, for the next year (2019), she will only be eligible for EL corresponding to the months she was present at the factory, which is January to April 2018. However, she is claiming eligibility for the EL she applied for November and December 2018 as well.

Please advise me on whether she is eligible for the EL calculation for those two months in the next year.

Dear Member,

Earned leaves taken by the worker are to be counted only for eligibility for the next year, but these are not to be considered for the calculation of earned leave to be granted in the following year.

R.N. KHOLA

ML has not considered actual working days; that's why she's not eligible for EL. If she was physically working on those days, then she would be eligible. However, for EL calculation, 240 actual working days are compulsory as per the act.