During 2017, one of my female employees used her 6 months of paid maternity leave from June to November. Is she eligible for CL & SL for those 6 months? We provide 12 CL and 6 SL (1 CL per month & 0.5 SL per month) in the calendar year. Will she receive 12 CL and 6 SL, totaling 18 leaves, or 6 CL and 3 SL for 2017?
From India, Ghaziabad
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From India, Ghaziabad
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As Cl & SL leaves are generally at the discretion of management need to check your Leave Policy for the same. Either it can be given or it can be denied its depend on leave policy.
From India, Pune
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470From India, Pune
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Normal rule is that the period of leave (any leave) does not count for computing the leave as the days of actual service only will be considered unless your leave policy permits it.
B. Saikumar
HR & Labor Relations Advisor
Navi Mumbai
From India, Mumbai
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B. Saikumar
HR & Labor Relations Advisor
Navi Mumbai
From India, Mumbai
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Dear Deepika,
You have stated that CL & SL are credited to the employee's account on a monthly basis or prorata basis. The employee in question will not be eligible for CL & SL proportionately, i.e., 26 weeks. You have to reduce her entitlement of CL & SL proportionately.
Thank you.
From India, New Delhi
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You have stated that CL & SL are credited to the employee's account on a monthly basis or prorata basis. The employee in question will not be eligible for CL & SL proportionately, i.e., 26 weeks. You have to reduce her entitlement of CL & SL proportionately.
Thank you.
From India, New Delhi
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Hello Deepika,
My post is with reference to only EL or PL, which is based on the actual days of work. So far as CL & SL are concerned, my view is that the CL & SL will accrue even for the period of maternity leave, and it has no impact on it unless your leave policy states otherwise.
B. Saikumar HR & Labour Relations Advisor Navi Mumbai
From India, Mumbai
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My post is with reference to only EL or PL, which is based on the actual days of work. So far as CL & SL are concerned, my view is that the CL & SL will accrue even for the period of maternity leave, and it has no impact on it unless your leave policy states otherwise.
B. Saikumar HR & Labour Relations Advisor Navi Mumbai
From India, Mumbai
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Earned Leave is the only leave the actual accrual of which is based on the number of days actually worked by the employee concerned in the previous year of service so as to avail of in the succeeding years and has the carry forward facility subject to a certain limit. CL and SL are the types of leave, lapsable within the year whether availed of or not, and hence the days spent on CL or SL are treated as the days actually worked by the employee for all practical purposes. Therefore, their accrual for a year is independent and not conditioned by any other leave of absence. As a word of caution, my above observation should not be compared to the practice of pro-rata basis calculation of C.L and S.L in the case of an employee newly joining the services in the middle of the year.
Another noteworthy point, in my opinion, is that the 26 weeks of absence on account of maternity for which salary is paid by the employer, though we colloquially call it "maternity leave," per se, it is not leave but only "maternity benefit" in terms of money calculated at the rate of the employee's average daily wages for the period of her actual absence. Since maternity benefit is an additional statutory benefit granted to female employees only in recognition of their motherhood, the stringent approach of pro-rata basis calculation of C.L and S.L by excluding such "statutory absence," whether they are granted as per any applicable law or by concession, would certainly undermine the very purpose of such statutory benefit.
From India, Salem
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Another noteworthy point, in my opinion, is that the 26 weeks of absence on account of maternity for which salary is paid by the employer, though we colloquially call it "maternity leave," per se, it is not leave but only "maternity benefit" in terms of money calculated at the rate of the employee's average daily wages for the period of her actual absence. Since maternity benefit is an additional statutory benefit granted to female employees only in recognition of their motherhood, the stringent approach of pro-rata basis calculation of C.L and S.L by excluding such "statutory absence," whether they are granted as per any applicable law or by concession, would certainly undermine the very purpose of such statutory benefit.
From India, Salem
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During the 26 Six Week Of Maternity Leave, EL+CL+SL will be kept apart but The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks' maternity leave. The prenatal leave in this case remains six weeks.Remind EL+CL were based on working days.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
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Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
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(Fact Checked)-The user's reply contains accurate information regarding maternity benefits and the distinction between earned leave, casual leave, and sick leave. There is no need for any corrections or amendments. (1 Acknowledge point)