# Leaves during and after Maternity Leave **URL:** \ **Category:** Ask the Community\ **Tags:** maternity, maternityleave, maternity-benefit-ac\ **Created:** [February 7, 2025, 5:30am UTC](https://community.greythr.com/t/leaves-during-and-after-maternity-leave/16715 "2025-02-07T05:30:07Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![anjali.sharma](https://avatars.discourse-cdn.com/v4/letter/a/87869e/32.png) [@anjali.sharma](https://community.greythr.com/u/anjali.sharma)\ **Post date:** [February 7, 2025, 5:30am UTC](https://community.greythr.com/t/leaves-during-and-after-maternity-leave/16715/1 "2025-02-07T05:30:07Z")
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. ---
**Author:** ![Kaulin](https://sea2.discourse-cdn.com/flex024/user_avatar/community.greythr.com/kaulin/32/2425_2.png) [@Kaulin](https://community.greythr.com/u/Kaulin)\ **Post date:** [February 7, 2025, 5:30am UTC](https://community.greythr.com/t/leaves-during-and-after-maternity-leave/16715/2 "2025-02-07T05:30:26Z")
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**Author:** ![Sameer1](https://avatars.discourse-cdn.com/v4/letter/s/dc4da7/32.png) [@Sameer1](https://community.greythr.com/u/Sameer1)\ **Post date:** [March 4, 2025, 6:38pm UTC](https://community.greythr.com/t/leaves-during-and-after-maternity-leave/16715/3 "2025-03-04T18:38:27Z")
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.