Maternity Leave and Annual Leave: Can They Be Taken Together?

Can a female employee on maternity leave for six months avail her annual leave? If yes, please share the link with the relevant information.

No, leaves as per maternity benefit are mandatory for 26 weeks, which is special leave. After that, she can utilize her annual leaves.

Hi, Earned or Paid Leave is credited based on an employee's presence on duty for a period of time. The Maternity Benefit Act provides social security for a period that is irrespective of actual physical presence for duties. Therefore, a female employee will receive Earned Leaves during her Maternity Leave as well.

Female employees can't get earned leave (E.L.) during the maternity leave period; however, the leave duration will be considered for the purpose of calculating eligibility for E.L.

Section 79 of the Factories Act, 1948

Section 79 of the Factories Act, 1948 deals with Annual Leave with Wages in which Explanation-I is given as follows:

For the purpose of this subsection:

(a) any days of lay-off, by agreement or contract or as permissible under the standing orders;

(b) in the case of a female worker, maternity leave for any number of days not exceeding 26 weeks; and

(c) the leave earned in the year prior to that in which the leave is enjoyed;

shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he or she shall not earn leave for these days.

Dear CitHR Member, Ms. Pooja1, Your query can be answered appropriately if you let us know in which organization you are working. Government leave rules, i.e., Rule 43 of CCS (Leave) Rules, 1972, are very clear on this aspect that Maternity Leave can be combined with any other kind of leave.

Regards, C. M. Lal Srivastava [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] Master Consultant New Delhi/02.08.2023/Wednesday/10:39 am