Hi all,

A woman who is 2 months pregnant gave a maternity leave letter to the organization, stating her starting date of absence as 22-02-2019. She submitted this letter on 20-02-2019. She worked for more than 80 working days in the previous 12 months. So, how much should an employer pay her? She is not covered under the ESI Act. Please explain in detail.

Thank you.

From India, undefined

I would take it like "When she 'was' two months pregnant, she applied for leave from 22-2-2019?" If so, how long was her period of absence? As per law, maternity leave cannot be granted for more than 8 weeks prior to childbirth. She can take the entire 26 weeks after childbirth, but in no case can she take more than 8 weeks before childbirth. In this case, you should have given her maternity leave of more than 8 weeks before childbirth.
From India, Kannur

Sir,

In this case, as you mentioned, we cannot give more than 8 weeks of maternity leave. So, if she takes 8 weeks of maternity leave before childbirth, are we (the company) supposed to pay her 8 weeks' salary?

Thank you.

From India, undefined

If the company wants to give her PL or any other paid leave you can give. More than 8 weeks before child birth can not be called maternity leave. Normally, it will be marked as unpaid leave.
From India, Kannur

Hi all,

A woman who is 8 months pregnant gave a maternity leave letter to the organization, stating her starting date of absence as 01-03-2019. However, she has not submitted any letter to date. She worked for more than 80 working days in the previous 21 months.

So, how much should an employer pay her? She is not covered under the ESI Act. After the maternity benefit leave, she did not rejoin our organization. What should be the procedure in this case?

Please explain in detail.

From India, Mumbai

A new story with slight changes in dates by a different author or by the same author with a different name?

I hope our HR personnel have not lost their analytical and reasoning abilities just because they can find the solution at their fingertips. Use your common sense; you will find the answer.

From India, Kannur

I don’t know who he is sir. I have only one account.
From India, undefined

Then it should be somebody who knows only copy paste work. leave it, let him find the answer from the replies
From India, Kannur

rkn61
651

I agree with Mr. Madhu. New Generation HR professionals, though they have academic brilliance and a comfortable lifestyle, do not seem to apply their minds well. Due to technological advancements, they only need to put in minimal effort for a solution, unlike in the past when we had to run from pillar to post to solve management problems.

Please let me know if you need any further assistance.

From India, Aizawl

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