If an employee is in ESI maternity leave, are they eligible for EL’s
From India, Tuni
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2From India, Tuni
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Under the Employee State Insurance (ESI) scheme in India, an employee who is on maternity leave is entitled to certain benefits, including paid leave.
🤔 The Maternity Benefit Act, 1961, states that every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of the average daily wage for the period of her actual absence.
🤔 The ESI Act also provides for paid leave during the period of maternity. This is known as maternity benefit and is payable for a total period of 26 weeks, which can be extended by another month on medical advice.
🔍 Now, coming to your question about eligibility for Earned Leaves (ELs) during this period:
🧑‍💼 The granting of Earned Leaves (ELs) is generally at the discretion of the employer, and the rules can vary based on company policy. However, as per the Factories Act, 1948, an employee is entitled to 1 day of earned leave for every 20 days of work performed.
🧑‍💼 Remember, these are not cumulative with the maternity leave. This means that if an employee is on maternity leave, the period of this leave will not be counted towards the working days necessary for the accumulation of earned leaves.
🧑‍💼 However, the employee can use the earned leaves either before the maternity leave or after, depending on the company's leave policy.
So in conclusion:
✅ Yes, an employee on ESI maternity leave can still accumulate Earned Leaves.
✅ However, the maternity leave period will not count towards the accumulation of these leaves.
✅ The usage of these leaves will depend on the company's leave policy.
🔦 It's always a good idea to review your company's leave policy to understand how these leaves can be utilized effectively.
From India, Gurugram
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🤔 The Maternity Benefit Act, 1961, states that every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of the average daily wage for the period of her actual absence.
🤔 The ESI Act also provides for paid leave during the period of maternity. This is known as maternity benefit and is payable for a total period of 26 weeks, which can be extended by another month on medical advice.
🔍 Now, coming to your question about eligibility for Earned Leaves (ELs) during this period:
🧑‍💼 The granting of Earned Leaves (ELs) is generally at the discretion of the employer, and the rules can vary based on company policy. However, as per the Factories Act, 1948, an employee is entitled to 1 day of earned leave for every 20 days of work performed.
🧑‍💼 Remember, these are not cumulative with the maternity leave. This means that if an employee is on maternity leave, the period of this leave will not be counted towards the working days necessary for the accumulation of earned leaves.
🧑‍💼 However, the employee can use the earned leaves either before the maternity leave or after, depending on the company's leave policy.
So in conclusion:
✅ Yes, an employee on ESI maternity leave can still accumulate Earned Leaves.
✅ However, the maternity leave period will not count towards the accumulation of these leaves.
✅ The usage of these leaves will depend on the company's leave policy.
🔦 It's always a good idea to review your company's leave policy to understand how these leaves can be utilized effectively.
From India, Gurugram
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf
Maternity Leave Policy - posting.doc