When an employee returns from maternity leave, the proportionate leaves accrued during the maternity leave period should typically be added to her leave account. This practice ensures that the employee does not lose out on any entitled leaves due to her absence for maternity reasons.
In India, the Maternity Benefit Act, 1961, governs maternity leave provisions for female employees. According to this act, a woman employee is entitled to a total of 26 weeks of maternity leave, which includes leave before and after childbirth. During this period, the employee continues to accrue leaves as per the company's leave policy.
Upon the employee's return from maternity leave, the accrued leaves during the maternity leave period should be added to her leave balance. This means that the employee should not lose any leaves that she would have earned if she had been actively working during that time.
To implement this effectively in your organization:
- Ensure that your HR policies explicitly state the process of adding proportionate leaves after maternity leave.
- Update the employee's leave account accurately to reflect the additional leaves earned during the maternity leave period.
- Communicate the leave balance adjustments clearly to the returning employee to avoid any confusion.
By following these steps and aligning with the Maternity Benefit Act provisions, you can ensure a smooth transition for employees returning from maternity leave without any loss of entitled leaves.