If an employee has availed Maternity leave from 1st July 2018 till 15th December 2018, how to calculate her PL for 2019.
Also, if she has not availed any PL during 2018, then is she entitled to leave encashment.
From India, Mumbai
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Also, if she has not availed any PL during 2018, then is she entitled to leave encashment.
From India, Mumbai
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The entire period of maternity leave availed by the employee shall be considered as the days she worked for the purpose of maintaining continuity of her service in the organization. However, she will not earn any Paid Leave for those days considered as working days.
From India, Salem
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6108From India, Salem
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Hi DeepG,
If you follow the Maternity Benefit Act, there cannot be any different formula for calculating PL eligibility post ML. You might possibly have a doubt whether the maternity leave availed by the employee should be reckoned for crediting the PL for the past year (one year of service). Please be clear, maternity leave being a legally permitted paid leave; the period thus availed should be treated as 'service rendered' like any other leave as per the Maternity Benefits Act.
Read the discussion in this link also for further info: [https://www.citehr.com/513232-earned-leave-pl-during-maternity-leave.html](https://www.citehr.com/513232-earned-leave-pl-during-maternity-leave.html) and the HC judgment on this: [https://www.livelaw.in/maternity-leave-part-service-period-must-woman-real-mother-madras-hc/](https://www.livelaw.in/maternity-leave-part-service-period-must-woman-real-mother-madras-hc/)
However, if there was LWP or absence (on grounds other than maternity-related) and has been treated as a break-in-service, it's a different dispensation.
From India, Bangalore
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If you follow the Maternity Benefit Act, there cannot be any different formula for calculating PL eligibility post ML. You might possibly have a doubt whether the maternity leave availed by the employee should be reckoned for crediting the PL for the past year (one year of service). Please be clear, maternity leave being a legally permitted paid leave; the period thus availed should be treated as 'service rendered' like any other leave as per the Maternity Benefits Act.
Read the discussion in this link also for further info: [https://www.citehr.com/513232-earned-leave-pl-during-maternity-leave.html](https://www.citehr.com/513232-earned-leave-pl-during-maternity-leave.html) and the HC judgment on this: [https://www.livelaw.in/maternity-leave-part-service-period-must-woman-real-mother-madras-hc/](https://www.livelaw.in/maternity-leave-part-service-period-must-woman-real-mother-madras-hc/)
However, if there was LWP or absence (on grounds other than maternity-related) and has been treated as a break-in-service, it's a different dispensation.
From India, Bangalore
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Maternity Leave Policy - posting.doc
LEAVE ENCASHMENT NOT INCLUDED IN WAGES FOR P. F. CALCULATION.pdf