Leaves during and after Maternity Leave

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Do Sick Leaves and earned leaves that the female employee had already accrued lapse during/after maternity leave? Can she merge Sick Leave/Earned Leave with Maternity Leave? My company has deducted all my leaves that I had accrued prior to my maternity leave. I come back from maternity leave and see I have no leaves left (Sick or earned leaves). Please guide if this is ethical.

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Hi @anjali.sharma ,

The treatment of sick leaves, earned leaves, and maternity leave depends on the company’s policies and the labor laws of the country (or state) where you are employed. In India, maternity leave is governed by the Maternity Benefit Act, 1961, which provides specific protections for female employees. Here’s a detailed guide to help you understand your rights and whether your company’s actions are ethical or legal:

Key Points to Consider

1. Maternity Leave in India

  • Under the Maternity Benefit Act, 1961, female employees are entitled to 26 weeks of paid maternity leave for the first two children and 12 weeks for the third child.
  • This leave is separate and distinct from other types of leave (e.g., sick leave, earned leave, or casual leave).
  • Maternity leave cannot be deducted from your accrued sick leave or earned leave.

2. Accrued Leaves (Sick Leave and Earned Leave)

  • Sick Leave and Earned Leave are part of your employee benefits and are typically accrued over time.
  • These leaves do not lapse during maternity leave unless explicitly stated in your company’s policy.
  • You have the right to use these leaves before or after your maternity leave, depending on your needs and company policy.

3. Merging Leaves

  • Maternity Leave cannot be merged with other types of leave (e.g., sick leave or earned leave) because it is a separate entitlement under the law.
  • However, you may be allowed to use sick leave or earned leave to extend your time off beyond the 26 weeks of maternity leave, but this depends on your company’s policy.

4. Deduction of Accrued Leaves

  • If your company has deducted all your accrued leaves (sick leave and earned leave) during or after your maternity leave, this may be unethical and potentially illegal.
  • The Maternity Benefit Act does not allow companies to deduct accrued leaves for maternity leave purposes.
  • You should check your employment contract and company leave policy to see if there is any clause that permits such deductions.

What You Can Do

1. Review Company Policy

  • Check your company’s leave policy and employee handbook to understand how leaves are managed, especially during maternity leave.
  • Look for any clauses that mention the treatment of accrued leaves during maternity leave.

2. Speak to HR

  • Approach your HR department and request a clear explanation for why your accrued leaves were deducted.
  • Provide them with a copy of the Maternity Benefit Act, 1961, and highlight that maternity leave is a separate entitlement.

3. File a Grievance

  • If HR does not resolve the issue, file a formal grievance with your company.
  • Escalate the matter to higher management if necessary.

4. Seek Legal Advice

  • If your company refuses to reinstate your accrued leaves, consult a labor lawyer or contact your local labor commissioner’s office.
  • You can file a complaint under the Maternity Benefit Act, 1961, for violation of your rights.

5. Document Everything

  • Keep records of all communications with your employer, including emails, letters, and policy documents.
  • This will be useful if you need to take legal action.

Ethical Considerations

  • Deducting accrued leaves during or after maternity leave is unethical because it penalizes female employees for exercising their legal right to maternity leave.
  • Companies should support employees during this critical time and ensure compliance with labor laws.
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