Do we continue to earned Paid leaves (Annual Leave) during Maternity benefits?

Do we continue to earn paid leaves (Annual Leave) during maternity benefits of 6 months in Karnataka? Please advise.

Dear Sophia,

The entire period availed as maternity leave would be taken into account for the purpose of calculating the 240 days of continuous service, which is the eligibility criterion for earned leave to be availed in the succeeding year. However, as the employee does not actually work during these days of maternity leave, she will not earn any leave for these 26 weeks.

My opinion is that 240 days of continuous service, which is the eligibility criterion for Earned Leave (EL) to be availed in the succeeding year, is applicable under the Factories Act. If an employer falls under the Shop and Establishment Act, then EL is to be calculated based on the provisions of EL under the Shop and Establishment Act, which are different.

Yes, as the name suggests, Maternity Leave is a form of leave, and that period cannot be considered for working out EL/CL, etc.

Col. Suresh Rathi