Is employee under maternity leave eligible for Casual and Earned leave per month?

Dear Dinesh or anyone from the group,

Good Morning!

Kindly clarify below.

1.whether women employee falling under maternity leave for 182 days is eligible for normal Casual and Earned leave per month.employer has to allocate or not??
2.full salary has to be paid is there in our policy.if full salary is pid,whether employee esic and pf deductions will be there or not?
3.whether under maternity leave,employees who fall uner esic,esic will pay full salary or employer?
4.employee does not fall under esic bracket,than employer has to pay full salary considering pf ??

Kindly help on above queries…

Thanks,
Akila

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Hi @Akila

  1. 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.

  2. Section 2 of Provident fund act (b) says that “basic wages” means all emoluments which are earned by an employee while on duty or on leave or on holidays with wages in either case in accordance with the terms of the contract of employment and which are paid or payable, so considering this definitely PF needs to be paid and the same for ESIC too being a cyclic payment. ( Though this will apply only to the time period for which she is eligible for maternity pay .)

  3. ESIC provides 100% of average daily wages in cash up to 26 weeks in confinement and 6 week in case of miscarriage, during maternity leave and 12 weeks for commissioning mother and adopting mother.

  4. The Maternity Benefit Act provides that a woman will be paid maternity benefit at the rate of her average daily wage in the three months preceding her maternity leave if not covered by ESIC.

Hope this helps :slight_smile:

To know more: The Maternity Benefit Act 1961.

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Thanks Dinesh!

Employer has to pay full salary ,than esic will also pay cash,i did nt get this under ML leave.pls clarify this point.

Thanks,
Akila

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Hi

  1. Employee falling under maternity act is eligible for CL & EL
  2. ESIC & PF deductions are mandatory
  3. Employer pays maternity pay and claims it
  4. Yes… including pf alos
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Wherever she is eligible from ESI, ESI pays and company need not pay for those leave period

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  1. If an employee comes under ESI, ESI will pay Salary and the employer need not pay Salary and no deduction.
  2. If an employee comes under Insurance, Employer has to pay full Salary after PF deduction.

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Only one correction on the point of accrual of EL during MATERNITY LEAVE. The days spent on ML would be taken into a/c for the purpose of computation of 240 days of service during the year but the incumbent would not earn any EL during those days spent on ML.

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Hi @Umakanthan
Any reference case(Judgement) that the incumbent would not earn any EL during those days spent on ML

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Yes, I recall a similar mention somewhere, like one by @Umakanthan sir.

There is a clause in Karnataka Shops Act. Chapter V

  1. Annual leave with wages.
  • Every employee in the establishment shall be entitled to leave with wages and shall be allowed to avail such leave for the number of days calculated at the rate of

(i) one day for every twenty days work performed by him, in case of an adult;
(ii) one day for every fifteen days of work performed by him, in case of a young person;

Explanation: For the purpose of this sub-section —
(a) any day of lay-off, by agreement or contract as permissible under the standing order or for any other reasons beyond the employer’s control;
(b) in the case of female employee, maternity leave for any number of days not exceeding twelve weeks; and
© the leave earned in the year prior to that in which the leave is enjoyed:

-shall be deemed to be days on which the employee has worked in an establishment for the purposes of computation of leave under this section, but the employee shall not earn leave for that period

As rules are keep on changing, we have to also get more views from fellow experts whether this is the case for shops rules across India and any other related information or updates

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