Understanding Maternity Leave: What Benefits Are You Entitled To During This Time?

Dear Professionals,

Please advise on the following:

1. During Maternity Leave, is the salary fully paid as in the case of normal working days?

2. Are PF and Bonus paid by the employer during maternity leave?

3. Is Maternity Leave counted while calculating Gratuity?

4. Are leaves taken because of a miscarriage treated as sick leaves by the company?

5. Are Sick, Casual, and Earned leaves given during maternity leave?

Thank you in advance.

Responses to Maternity Leave Queries

1. During Maternity Leave, is the salary fully paid as in the case of normal working days? Yes, average wages for the last three months are to be paid.

2. Are PF and Bonus paid by the employer during maternity leave? No, the maternity benefit does not fall within the definition of wages under the PF & Bonus Acts.

3. Is Maternity Leave counted while calculating Gratuity? Yes, the period of maternity leave falls within the 'continuous service' as per the PGA.

4. Are leaves taken because of a miscarriage treated as sick leaves by the company? It is also considered maternity leave as it is provided for in it. So there is no need for any other type of leave.

5. Are Sick, Casual, and Earned leaves given during maternity leave? Maternity leave is not allowed to be combined with any other leave.

Dear Professionals, I need further clarification regarding Point No. 5. When a female employee takes maternity leave, is she eligible for "Sick Leave, Casual Leave, and Privileged Leave" provided by the company under normal circumstances? Thank you in advance.

Leave Policy During Maternity Leave

There cannot be any leave within a leave. So, while on maternity leave, the other leaves to the credit of the woman employee remain untouched. As per Section 10 of the MB Act 1961, an additional leave of one month is available in case there is a complication from delivery or for child care. If the employee wants any other leave in continuum, it is up to the management to decide.

Maternity Benefit Act Overview

The Maternity Benefit Act provides a maternity benefit of 26 weeks from 2017. In the case of a miscarriage, the law permits women six weeks' leave after the procedure.

I want to give my opinion on the limited question of granting or availing PL, SL, or CL while a person is already on ML. ML is now for twenty-six weeks, and I fail to understand why the need arises for other types of leave while still on ML.

Where is the need for the concerned lady employee to request such leave? The only possibility is to request PL from her credit to be granted at the end of ML by way of extension, for the management to consider it or not depending on the exigencies of work.

Since a twenty-six weeks' ML is already a long period of leave, granting any other leave cannot be favorably looked upon, and HR policies generally do not permit it as there is no legal compulsion.

Regards, HR and Employee Relations Consultant

I differ with KK!HR on point No. 2.

Maternity Leave Salary Deduction and PF Contribution

While making maternity leave salary deductions, contributions towards PF should be made. Since it is just like any other paid leave and salary is paid, the amount paid during this leave period will be considered as earned salary for the calculation of Bonus as well.

Eligibility for Earned Leave/PL

For the purpose of deciding eligibility for Earned Leave (EL) or Privilege Leave (PL) in the succeeding year (say, 2021), the maternity leave days (in the year 2020) should be considered as days worked. Since EL/PL is earned only for the days actually worked by any employee (physical days excluding leave days, weekly off days, etc.), the days an employee spends on maternity leave will not earn any leave in the succeeding year.

The eligibility for EL in any year is 240 days of paid working days in the preceding year. For this, all leave days, weekly off days, etc., for which salary is paid will be counted as days worked. This is only for eligibility. The number of days an employee earns is decided by the number of days he was physically present. This will not include weekly off, holidays, and leave days. While calculating EL for the year 2021, obviously, the days during which the employee was on leave, including maternity leave, will not be taken into account, and therefore, she would earn a lesser number of EL in the succeeding year.