Maternity Leave Dilemma: Can Women on Leave Also Apply for Monthly Earned Leave?

If any female employee avails maternity leave as per the act and is not physically present at the workplace, can she apply for monthly earned leave as per the Factory Act?

Maternity Leave and Earned Leave Eligibility

The period of maternity leave (with wages) will be considered as days worked for eligibility for earned leave in the subsequent year. However, she will not earn leaves on these days. For eligibility, an employee needs to work for 240 days in a year, which shall include maternity leave days. An employee who has qualified to get earned leave will earn leave on the basis of one day for every twenty days physically worked. Only days physically worked (excluding days spent on maternity leave) will be considered for this calculation. In short, she will get earned leave, but the number of leaves will be less.

Using Earned Leave During Maternity Leave

A female employee can utilize her earned leaves that are already available in her account if there is an emergency requiring maternity leave. The employee needs to apply for her balance leave with supporting documents to extend the leave.

In many occasions, either the mother or the newborn baby develops health issues after delivery. Therefore, the mother may require additional days of leave beyond the allotted maternity leave until she regains good health to resume her duties. In cases where such requirements arise, employees should utilize the leave from their accrued EL balance rather than opting for Leave Without Pay (LOP). This response pertains to the query raised by Mr. P. Venu.