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pooja1
Can a female employee on Maternity Leave for six months avail her Annual Leave? If yes, please share the link with the relevant information.
From India, Mumbai
jeevarathnam
633

No Leaves as per Maternity benefit is mandatory for 26 weeks which is special leave. Post that she can have her Annual leaves
From India, Bangalore
pooja1
Can you please share any supporting to this information?
From India, Mumbai
vmlakshminarayanan
919

Hi,

Earned or Paid Leave is credited on account of an employee presence on the duty for a period of time. Where in a Maternity Benefit Act is a social security for a period which is irrespective of actual physical presence from duties. So a women employee will get Earned Leaves during her Maternity Leave too.

From India, Madras
pdteraiya
4

Female employee cant get E.L. during the Maternity Leave period however the Leave Duration will be consider for the purpose of Calculating eligibility for E.L.
From India, Surat
mailrsr
11

Section 79 of the Factories Act, 1948 deals with Annual Leave with Wages in which Explanation-I is given as follows:
For the purpose of this sub section:

(a) any days of lay-off, by agreement or contract or as permissible under the standing orders;
(b) in the case of female worker, maternity leave for any number of days not exceeding 26 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 worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he or she shall not earn leave for these days.

From India, Madras
srivastavacmlal
125

Dear CitHR Member Ms Pooja1,

Your query can be answered appropriately if you let us know in which organisation you are working. Govt. leave rules i.e. Rule 43 of CCS (Leave) Rules, 1972 is very clear on this aspect that Maternity Leave can be combined with any other kind of leave.

Regards
C. M. Lal Srivastava
9315516083
srivastavacmlal@gmail.com
Master Consultant
New Delhi/02.08.2023/Wednesday/10:39am

From India, New Delhi
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