Dear Rajabhujanga
In terms of the explanation to sec.79, the period of maternity leave is to be included only for the purpose of computing 240 days so as to determine the eligibility of an employee to avail annual leave but not for determinimg the leave that is actually earned by a worker during the calender year.If you read the explanation fourther, it says that a worker shall not earn any leave for the days she is on maternity leave or any other leave avialed or the period of lay-off in the relevant calender year.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
54In terms of the explanation to sec.79, the period of maternity leave is to be included only for the purpose of computing 240 days so as to determine the eligibility of an employee to avail annual leave but not for determinimg the leave that is actually earned by a worker during the calender year.If you read the explanation fourther, it says that a worker shall not earn any leave for the days she is on maternity leave or any other leave avialed or the period of lay-off in the relevant calender year.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
Dear Aarthi, As far as EARNED LEAVE / PRIVILEGE LEAVE calculation, the following things to be considered for eligible.
1. casual leave
2. authorised strike
3. on esi leave/maternity leave
4. medical leave
These above are according to Factories Act. More over Form 15 Leave register may be referred
With regards
V.SUBBARAO
9841103098
QUOTE=aaartinayak;1829071]Dear Sir,
I am working in Pvt Ltd company where some employees are on contract basis. One of the contract employee had gone for Maternity leave from 1st Aug 2011 to 30th Sep 2011. And she had taken claim esic for maternity benefit and she had received the ESIC claim as well. During the Privilege leave calculation we have omitted this two month as she was absent for 2 month. Employee had demanded PL for this 2 month. Can you please help me to decide whether she will be entitled for PL for this 2 month when she was on maternity leave.
Regards,[/QUOTE]
From India, Madras
1. casual leave
2. authorised strike
3. on esi leave/maternity leave
4. medical leave
These above are according to Factories Act. More over Form 15 Leave register may be referred
With regards
V.SUBBARAO
9841103098
QUOTE=aaartinayak;1829071]Dear Sir,
I am working in Pvt Ltd company where some employees are on contract basis. One of the contract employee had gone for Maternity leave from 1st Aug 2011 to 30th Sep 2011. And she had taken claim esic for maternity benefit and she had received the ESIC claim as well. During the Privilege leave calculation we have omitted this two month as she was absent for 2 month. Employee had demanded PL for this 2 month. Can you please help me to decide whether she will be entitled for PL for this 2 month when she was on maternity leave.
Regards,[/QUOTE]
From India, Madras
Dear Mr. Sasi Kumar,
I have the same doubt in EL Calculation. When the person availed EL for 1 month. While calculating the EL for next year. The EL period of one month we should consider or not for calculation of EL ??
A Small war going in our Hospital regarding this. Please help us.
Waiting for your Valuable reply.
-
Prathap.T,
HR Executive
PES Hospital,Kuppam
9491771437
From India, Madras
I have the same doubt in EL Calculation. When the person availed EL for 1 month. While calculating the EL for next year. The EL period of one month we should consider or not for calculation of EL ??
A Small war going in our Hospital regarding this. Please help us.
Waiting for your Valuable reply.
-
Prathap.T,
HR Executive
PES Hospital,Kuppam
9491771437
From India, Madras
Dear Pratap If you read my post of 13th April (see above), your doubt stands clarified B.Saikumar HR& Labour Law advisor Mumbai
From India, Mumbai
From India, Mumbai
Dear Mr.Prathap. any employee goes on earned leave for one month, the same period should be considered for leave eligibility.Those who worked for 240 days there eligible for 12 days in a year.
If he worked for 230 days. actually he is not entitled for E.L. but he availed one month EL/MEDICAL LEAVE/LAYOFF/CASUAL LEAVE then he is eligible for EARNED LEAVE.EARNED LEAVE SHOULD BE CALCULATED ON WORKED DAYS i-e 230days. These are according to FACTORIES ACT
With regards
V.SUBBARAO
9841103098
From India, Madras
If he worked for 230 days. actually he is not entitled for E.L. but he availed one month EL/MEDICAL LEAVE/LAYOFF/CASUAL LEAVE then he is eligible for EARNED LEAVE.EARNED LEAVE SHOULD BE CALCULATED ON WORKED DAYS i-e 230days. These are according to FACTORIES ACT
With regards
V.SUBBARAO
9841103098
From India, Madras
Dear Mr. Subba Rao,
Actually my doubt is While calculating EL, We should consider that 30 days EL period as working days or not ? In our Hospital there is no eligible concept. If an employee work 11 days. He is entitled for 1 EL. If he is LOP for 30 days. We will deduct those days from total no. of working days. Like wise if he is in EL for another 30 days. We should deduct or not that 30 days. So we have to calculate for 330 days or 300 days ? That's my doubt.
SO please clarify it.
From India, Madras
Actually my doubt is While calculating EL, We should consider that 30 days EL period as working days or not ? In our Hospital there is no eligible concept. If an employee work 11 days. He is entitled for 1 EL. If he is LOP for 30 days. We will deduct those days from total no. of working days. Like wise if he is in EL for another 30 days. We should deduct or not that 30 days. So we have to calculate for 330 days or 300 days ? That's my doubt.
SO please clarify it.
From India, Madras
Earned leave is calculated on worked days only. According to factories act, 240 days should be worked. If he worked for 300 days , calculate on 300days to be divided by20
leave role is for eligibility only
with regards
v.subbarao
9841103098
From India, Madras
leave role is for eligibility only
with regards
v.subbarao
9841103098
From India, Madras
As far as I know, for the purpose of computation of earned leave period i.e. 240 days in a calender year, the total period of maternity leave availed by a female employee shall be considered but for the calculation of payment towards Earned leave, the Maternity leave period shall not be accounted for. Hope I am right.
Regards
PVVB.KUMAR
SENIOR MEMBER
From India, Kakinada
Regards
PVVB.KUMAR
SENIOR MEMBER
From India, Kakinada
There are three issues involved
1. Eligibility criteria for Earned lave Inclusions and exclusions
2. Calculation Inclusiond and exclusions
3. Availing leave
Maternity leave availed whether under the act or unde ESI shall be included for purpose of calculating eligibity criteria ubder all applicable legislations(be it Factories act or Mines act or shops and establishments act or Plantations act etc)
But for calculating the number of days earned, such maternity leave shall be excluded
One can avail only one type of leave at a time and I do not think the doubt is on this
Thanks
Sivasankaran
From India, Chennai
1. Eligibility criteria for Earned lave Inclusions and exclusions
2. Calculation Inclusiond and exclusions
3. Availing leave
Maternity leave availed whether under the act or unde ESI shall be included for purpose of calculating eligibity criteria ubder all applicable legislations(be it Factories act or Mines act or shops and establishments act or Plantations act etc)
But for calculating the number of days earned, such maternity leave shall be excluded
One can avail only one type of leave at a time and I do not think the doubt is on this
Thanks
Sivasankaran
From India, Chennai
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