• Regarding central government employees earned leave for maternity leave period

Is Earned Leave granted to women central government employees for the period when they are on maternity leave.
Asked 4 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

hello,

The Sixth Central Pay Commission of India made a recommendation in 2015 to relax the period of maternity leave to six months for Central Government employees, which was considered and subsequently implemented.

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

hello,

yes, the period of maternity leave granted includes the period of earned leave.

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

Hello,

The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You should not confuse earned leave with maternity leave.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Casual leave and earned leaves are “paid leaves” in Govt. of India/Govt. of all states in India. If the days fall after the “effective date” of implementation, salary is computed as usual as per the new pay scale for those days of absence also. If the leaves days fall before and after the date of implementation (implementation will always start on 1st of a notified month), days previous will get old salary and days after the 1st of that month as per new salary.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Lets understand the what is the meaning of EL, earn leave in calculated for pro -rata basis on actual working day & leave are provided to employee to avaid the benefits to take leave, whenever they needed, which is their rights as per law.

but, EL component can be shown only at time of Encashment, eighther on year end or at time of full & Final settlement. it can't be treated as monthly fix salary component.

if you putted as fixed, then you are not providing any leave benefits to employee as you are paying the payment against it, which it wrong, as it treated as company is against taking a leaves or trying to stop employee to avail the benefits as indirectly which rights is provided by law to employee.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

This is my response to you:

1. Yes she is granted earned leave for that period;

2. Since recently the government has increased the period from 12 weeks to 26 weeks, therefore for around 182 days the maternity leave can be granted;

3. Therefore if your rights are being violated then you can file complaint under Maternity Benefit Act.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

As per the recent Maternity Benefit (Amendment) Act, 2017, women employees will now be able to get paid maternity leave of 26 weeks, up from 12 weeks. The act enlists some other benefits as mentioned below:

Every establishment with fifty or more employees will be now required provide a creche facility within a prescribed distance.

Employers are bound to allow four visits a day to the creche by a woman employee.

Based on the nature of work, an employer can also permit a woman to work from home after she has availed maternity leave, upon mutual consent.

A female employee cannot be asked to resign from her services during the maternity leaves.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

You may understand from below rules

Maternity Leave may be granted to a female staff with less than two

surviving children, for a period of upto 135 days from the date of its

commencement.

ii. Maternity Leave may also be granted on full pay in cases of miscarriage

including abortion, subject to the condition that the leave applied for

does not exceed 45 days in entire service and the application for leave is

supported by a medical certificate

iii. Maternity Leave shall not be debited to the leave account.

iv. Maternity Leave may be combined with leave of any other kind except

Casual Leave.

v. Any leave (including commuted leave upto 60 days and leave not due)

may be taken without medical certificate up to one year in continuation

of Maternity leave.

vi. During maternity leave, leave salary equal to last pay drawn is

admissible.

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

The basic point is that you are eligible for “PAID MATERNITY LEAVE” which is in reference to the Maternity Benefit (Amendment) Act, 2017 enforced from 01.04.2017. The benefits you get include your gross salary, DA etc. No incentive is given for the period. It is maternity leave and no EL, kindly note.

If the employee still takes leave beyond the maternity leave, then the employee has the option to take the sick leave only according to the policy of the organization you are working in.

Harpreet Singh Hora
Advocate, Delhi
31 Answers

Not rated

Yes the women employees are granted paid leave when they are on maternity leave.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your earned leave shall not be included you will get fully paid maternity leave for around 6 months.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Earned leave has nothing to do with the maternity leave.

They are entitled to the same hence it cannot be denied citing the maternity leave as a reason.

The maternity leave is not extra ordinary leave without pay.

It is as good as any regular leave hence the same will be counted as duty for the purpose of service hence she will be entitled to the earned leave also

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

My question was different, is EL granted for the maternity leave period. ie. if any employee is on maternity leave for 45 days, should EL be given for that period.

Earned leave cannot be stopped for the period of maternity leave.

She is entitled to the same as per leave regulations.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer