Hi All,
In our company, a female employee asked for 1 month leave on medical grounds in March 2018 and went on leave without approval. In April, she again asked for an 8-9 month leave, stating that she was in the process of motherhood. However, she did not provide any medical documentation to confirm her pregnancy.
From the HR side, 2-3 replies were sent to her email by June 2018, stating that a private sector company cannot allow such a long leave and HR requested her to resign. She refused, claiming she deserved the leave due to her 10 years of work. She never shared any maternity or medical certificates, and HR did not send any letters or notices.
In December 2018, she shared a document stating that she has had a baby and requested maternity benefits. However, since she is not currently working for the company, she is not eligible for these benefits. Please advise on how the company can deny payment or address this situation, considering financial implications and the new maternity benefit rules.
From India
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2In our company, a female employee asked for 1 month leave on medical grounds in March 2018 and went on leave without approval. In April, she again asked for an 8-9 month leave, stating that she was in the process of motherhood. However, she did not provide any medical documentation to confirm her pregnancy.
From the HR side, 2-3 replies were sent to her email by June 2018, stating that a private sector company cannot allow such a long leave and HR requested her to resign. She refused, claiming she deserved the leave due to her 10 years of work. She never shared any maternity or medical certificates, and HR did not send any letters or notices.
In December 2018, she shared a document stating that she has had a baby and requested maternity benefits. However, since she is not currently working for the company, she is not eligible for these benefits. Please advise on how the company can deny payment or address this situation, considering financial implications and the new maternity benefit rules.
From India
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When she applied for leave, you should have categorically refused the leave, saying that other than maternity leave, no leave could be approved. The maximum maternity leave that can precede the expected date of childbirth is eight weeks. Therefore, without any document of the expected date of delivery, you cannot sanction any leave. Now, having worked for 10 years does not give any right to an employee to take leave at her discretion. Also, one cannot start taking leave from the date on which she decides to have a baby. If that were allowed, a newly married woman could also go on maternity leave from the date of her marriage, stating that she has started planning for a baby and will be on maternity leave until childbirth.
Now, coming to the legal side of the issue, I would say that in order to be eligible for maternity leave, one should have worked for at least 80 days during the 12 months immediately preceding the date of delivery. If her date of childbirth is, say, the 15th of December 2018, then calculate the number of days worked during the 12 months preceding the date of delivery, i.e., from the 16th of December 2017 to the 15th of December 2018, and check if she was paid a salary for at least 80 days. If she was on leave from March until now, normally she would have received a salary for only two months. That would also disqualify her from claiming maternity leave.
From India, Kannur
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Now, coming to the legal side of the issue, I would say that in order to be eligible for maternity leave, one should have worked for at least 80 days during the 12 months immediately preceding the date of delivery. If her date of childbirth is, say, the 15th of December 2018, then calculate the number of days worked during the 12 months preceding the date of delivery, i.e., from the 16th of December 2017 to the 15th of December 2018, and check if she was paid a salary for at least 80 days. If she was on leave from March until now, normally she would have received a salary for only two months. That would also disqualify her from claiming maternity leave.
From India, Kannur
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It's too long a period to look out for "an action to be taken." I can't imagine how you can wait so long. Of course, a pregnant woman requires the grant of ML, subject to certain conditions.
Strictly speaking, without an authentic medical certificate, etc., it's difficult to make a decision, especially when she is yet to resume duty. Granting Maternity leave or any leave on medical grounds cannot be considered seriously (in absentia) for a person who has been literally absconding for (10) months. Moreover, the leave requested is for 8-9 months, from April 2018 until now, which has already elapsed.
In the absence of relevant records, no proper action could be initiated. In these circumstances, issue a written notice (Regd. Post Ack. Due) to her last known address and the address as per records, asking her to appear and produce all relevant documents. Failing to do so, she will be treated as a 'deserter.'
Based on the documents she provides, if any, you may then decide how to proceed further thereafter.
From India, Bangalore
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Strictly speaking, without an authentic medical certificate, etc., it's difficult to make a decision, especially when she is yet to resume duty. Granting Maternity leave or any leave on medical grounds cannot be considered seriously (in absentia) for a person who has been literally absconding for (10) months. Moreover, the leave requested is for 8-9 months, from April 2018 until now, which has already elapsed.
In the absence of relevant records, no proper action could be initiated. In these circumstances, issue a written notice (Regd. Post Ack. Due) to her last known address and the address as per records, asking her to appear and produce all relevant documents. Failing to do so, she will be treated as a 'deserter.'
Based on the documents she provides, if any, you may then decide how to proceed further thereafter.
From India, Bangalore
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Now, it has become a practice, and I want to stop this. For example, I received an application for long leave. Her expected date of delivery, as per the medical document, is the 18th of July 2019, and for the last 1.5 months, she has been working from home. Now, she said that she cannot work from home and is going to her hometown to deliver her baby there.
In this situation, is it possible:
1. Can we refuse to grant such a long leave to her?
2. Will she be eligible for maternity benefits, or are we bound to pay her 6 months' salary as a benefit if she fulfills the condition of working 80 days preceding her leave?
3. If she takes leave without approval, what should be the next steps and processes from HR 3-6 months before the delivery?
Kindly suggest because this has become a practice, and people are misusing it.
From India
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In this situation, is it possible:
1. Can we refuse to grant such a long leave to her?
2. Will she be eligible for maternity benefits, or are we bound to pay her 6 months' salary as a benefit if she fulfills the condition of working 80 days preceding her leave?
3. If she takes leave without approval, what should be the next steps and processes from HR 3-6 months before the delivery?
Kindly suggest because this has become a practice, and people are misusing it.
From India
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Refuse the leave and ask her to report to duty. If her expected date of delivery is 18th July, she can take maternity leave from May 23rd only, i.e., 8 weeks preceding 18th July. If she absents herself without getting her leave sanctioned, take it as misconduct and initiate disciplinary action. Send a letter stating that she cannot be granted leave and should report immediately. Failure to do so will be considered abandonment of the job, leading to termination. Why should the employer suffer?
From India, Kannur
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From India, Kannur
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Hi Gaurav,
I would suggest that before initiating any action, ask her to submit relevant forms together with a medical certificate (MC) in support, either in person or through someone authorized. If the leave she applied for is Sick Leave (SL) preparatory to or in combination with Maternity Leave (ML), it's different. Check whether she is eligible for so many days of SL. In any case, you should ask her to submit the MC and verify if it's for SL or for ML. After this, you may take a view as this is a sensitive matter, so you have to ensure full compliance before proceeding.
From India, Bangalore
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I would suggest that before initiating any action, ask her to submit relevant forms together with a medical certificate (MC) in support, either in person or through someone authorized. If the leave she applied for is Sick Leave (SL) preparatory to or in combination with Maternity Leave (ML), it's different. Check whether she is eligible for so many days of SL. In any case, you should ask her to submit the MC and verify if it's for SL or for ML. After this, you may take a view as this is a sensitive matter, so you have to ensure full compliance before proceeding.
From India, Bangalore
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Dear Mr. Kumar and Madhu,
As I said, it has become a practice that without any document, they went on leave (without approval) on a sudden basis. What I asked of them was to report within 3-4 days as the financial year is closing, and they are solely handling their tasks. We do not have an alternative at the moment. After 3 days, if they do not return, then I will send another letter in which I will mention that if they do not join us as soon as possible, it will be considered that they do not want to continue their service, and we will terminate or relieve them from their services.
In every email, they mention "initial stage of pregnancy" and "due to motherhood process emergency." I am also an employee, but it is clear that they are misusing and blackmailing us on this issue. Kindly suggest.
From India
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As I said, it has become a practice that without any document, they went on leave (without approval) on a sudden basis. What I asked of them was to report within 3-4 days as the financial year is closing, and they are solely handling their tasks. We do not have an alternative at the moment. After 3 days, if they do not return, then I will send another letter in which I will mention that if they do not join us as soon as possible, it will be considered that they do not want to continue their service, and we will terminate or relieve them from their services.
In every email, they mention "initial stage of pregnancy" and "due to motherhood process emergency." I am also an employee, but it is clear that they are misusing and blackmailing us on this issue. Kindly suggest.
From India
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Please check if she has any leave credit. When she applied for the leave, have you sent any reply either approving it or not approving it? If you haven't, immediately send a communication, written by RPAD, stating that her leave is not approved and she should report immediately with a medical certificate.
From India, Bangalore
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From India, Bangalore
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She has leaves in her account but only SL: 6, CL: 7, PL: 15.
Yes, we have already replied to their email stating that her leaves are not sanctioned and to report to the office within 3 days. Today, the 3 days will be complete. We will send another email stating that if she does not come by Monday, it will be considered that she is not interested in continuing her job, and her services will be terminated on the same day.
From India
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Yes, we have already replied to their email stating that her leaves are not sanctioned and to report to the office within 3 days. Today, the 3 days will be complete. We will send another email stating that if she does not come by Monday, it will be considered that she is not interested in continuing her job, and her services will be terminated on the same day.
From India
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Hi Gaurav,
Yes, you can do that. But before taking it forward, wouldn't you mind calling her and finding out exactly what her problems are and why she is not responding appropriately? I think basic courtesy would require such an empathetic approach before proceeding further to avoid any potential embarrassment. Shouldn't we check in on colleagues who are unwell and struggling?
Thank you.
From India, Bangalore
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Yes, you can do that. But before taking it forward, wouldn't you mind calling her and finding out exactly what her problems are and why she is not responding appropriately? I think basic courtesy would require such an empathetic approach before proceeding further to avoid any potential embarrassment. Shouldn't we check in on colleagues who are unwell and struggling?
Thank you.
From India, Bangalore
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc