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In our organization, one employee was on maternity leave. After taking maternity leave, she extended her rejoining for one month, i.e., May 2019, and we had not given a salary for that month as she said to mark it as an absence. She started working from June 2019. In her case, I have the following doubts:

Eligibility for Paid Leaves

1. Is she eligible for paid leaves from April 2019-20? Or do we need to calculate it from June 2019 as she was absent for one month? For your information, we are giving 21 days of paid leave to all the members in our company.

Rejoining Formalities After Extended Leave

2. Is there any law, policy, or rule where it is mentioned that if an employee is joining after taking maternity leave and extending one more month for joining, then she has to complete the formalities as a new joiner again because she was absent for one month (6+1)?

Please suggest what I should do in this case, as I do not agree with the management. They are saying she is eligible for paid leave from June 2019 (17.5 paid leaves) and she is considered a new joinee.

Thank you.

From India, Mumbai
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Hi, 1)The employee is eligible for full leave as per your leave policy. 2) No need to do formalities as a fresher. Her emp no, PF number, ESI number(if applicable) all will continue same.
From India, Madras
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