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julee   06 March 2018

Maternity leave

Hi

I am working in an IT company , my company offers me the 6 months maternity leave as per the indian govt rule. But i am not eligible for the earned leaves credited during the 6 months. Is there iany law that supports or denies the earned leaves to be credited

 

 



Learning

 6 Replies

Kumar Doab (FIN)     06 March 2018

The leave/EL is part of service conditions that is governed by enactments/service rules  that apply to establishment depending upon type of establishment say; Govt, Private, Industrial , Commercial….

 

e.g;

Shops & Estbs Act in case of Commercial establishment covered by the Act.

The establishment can provide superior policy and rules providing superior benefits but not inferior than as provided in the enactments ….

Go thru the provisions of applicable enactments/service rules ….and leave policy of the establishment..

Kumar Doab (FIN)     06 March 2018

In any case the credit of leave is matter of record…

GO thru the record provided by establishment and check for C/F and balance leave..

Saying, asking, telling, said, asked, told, etc are all verbal modes of communication and if pregnant woman employee wishes she may write to designated HR personnel or good offices of appointing authority, MD raising the query and asking for  a written reply…

 

Remain gentle and amiable...

Kumar Doab (FIN)     06 March 2018

 

The pregnant woman is covered by the def. of;

 ‘Workman’ or not

‘Employee’ as in  the Act or not may also matter…

In case of any difficulty said pregnant woman employee may approach for clarification;

Inspector appointed under the Maternity Benefit Act (State/central) as applicable

Inspector Shops & Estbs Act in case of Commercial establishment covered by the Act or any other applicable enactment/authority under service rules ….

O/o Labor Commissioner; if covered by ID Act…

Designated personnel under applicable leave rules…

Sudhir Kumar, Advocate (Advocate)     08 March 2018

Maternity leave is part of service and leave credit cannot be denied during the period.

julee   16 March 2018

Hi Sir, 

My establishment says that since earned leaves can be credited only if there is  physical presence of the employee for more than 20 days. Is there any law that protects my right for earning earned leaves during maternity leave

Sudhir Kumar, Advocate (Advocate)     16 March 2018

any type of sanctined and paid leave is a part fo service and EL is credited for the period.


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