Dear Experts, During the Maternity leave, is employee eligible to earn Privilege leave for that period ( do we need to provide PL’s for the period when any employee is on maternity leave ) Sushant
From India, Thana
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3From India, Thana
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Privilege Leave Calculation During Maternity Leave
PL leave is calculated as 1 day for every 20 physically present days. Therefore, she may not be eligible during her maternity leave period. However, for the calculation of 240 days, we need to consider maternity leave.
Regards,
S. Rajasekaran
From India, Madras
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PL leave is calculated as 1 day for every 20 physically present days. Therefore, she may not be eligible during her maternity leave period. However, for the calculation of 240 days, we need to consider maternity leave.
Regards,
S. Rajasekaran
From India, Madras
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An employee who is availing maternity leave cannot avail of the Privilege Leave (PL). If she is on leave beyond the maternity leave, she can avail of the sick leave as per the company policy.
With Best Regards,
Ravichandra
From India, Hyderabad
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With Best Regards,
Ravichandra
From India, Hyderabad
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I think you are covered under the Shops & Commercial Establishments Act. If so, refer to the Act. However, note the following provision of the Karnataka Shops & Commercial Establishments Act:
Annual Leave with Wages
"15. Annual leave with wages. [(1) Every employee in an establishment shall be entitled to leave with wages and shall be allowed to avail such leave for the number of days calculated at the rate of:
(i) One day for every twenty days of work performed by him, in the case of an adult;
(ii) One day for every fifteen days of work performed by him, in the case of a young person;
Explanation:
For the purpose of this sub-section,
(a) Any day of lay-off, by agreement or contract as permissible under the standing order or for any other reasons beyond the employer's control;
(b) In the case of a female employee, maternity leave for any number of days not exceeding twelve 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 employee has worked in an establishment for the purposes of computation of leave under this section, but the employee shall not earn leave for that period.]
Also, refer to the earlier discussion on this subject. https://www.citehr.com/213185-e-l-ca...ity-leave.html
From India, Bangalore
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Annual Leave with Wages
"15. Annual leave with wages. [(1) Every employee in an establishment shall be entitled to leave with wages and shall be allowed to avail such leave for the number of days calculated at the rate of:
(i) One day for every twenty days of work performed by him, in the case of an adult;
(ii) One day for every fifteen days of work performed by him, in the case of a young person;
Explanation:
For the purpose of this sub-section,
(a) Any day of lay-off, by agreement or contract as permissible under the standing order or for any other reasons beyond the employer's control;
(b) In the case of a female employee, maternity leave for any number of days not exceeding twelve 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 employee has worked in an establishment for the purposes of computation of leave under this section, but the employee shall not earn leave for that period.]
Also, refer to the earlier discussion on this subject. https://www.citehr.com/213185-e-l-ca...ity-leave.html
From India, Bangalore
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Did you come across any legal restriction that PL/EL cannot be combined with maternity leave, i.e., "an employee availing maternity leave cannot avail PL"? Can you provide a reference for this for my knowledge's sake? Generally, ML and sick leave, if available, are both combined. What happens if there is no sick leave credited to the employee and only PL/EL is left to be availed? Can she not avail sick leave?
Best Regards,
Suahanth
From India, Bangalore
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Best Regards,
Suahanth
From India, Bangalore
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Nowhere is it mentioned as Maternity leave. It is Maternity benefit only for a 12-week period. The act states, "to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits."
Certain benefits are given during her absence for the 12-week period. I think such a period of absence is not a break in service and should be counted as working days. In my opinion, such a period should be included when calculating PL.
Experts on this subject may comment if I am wrong.
Regards,
Pon
From India, Lucknow
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Certain benefits are given during her absence for the 12-week period. I think such a period of absence is not a break in service and should be counted as working days. In my opinion, such a period should be included when calculating PL.
Experts on this subject may comment if I am wrong.
Regards,
Pon
From India, Lucknow
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Maternity Leave Policy - posting.doc