I am a doctor working in a private hospital for the last 1.5 years. At present, I am pregnant and have informed the same via email to the medical superintendent and COO of the hospital one month ago. I also informed them that I will be proceeding on leave at 32 weeks as allowed to me by the Maternity Benefit Act.
However, now that I have reached the said 32 weeks, I have emailed them again regarding the fact that I am proceeding on leave. However, they have neither replied to my email nor approved the leave till now. Also, I would like to know what my rights are in case they don't provide me payment during the leave period and what to do in case they don't.
From India, Chandigarh
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1However, now that I have reached the said 32 weeks, I have emailed them again regarding the fact that I am proceeding on leave. However, they have neither replied to my email nor approved the leave till now. Also, I would like to know what my rights are in case they don't provide me payment during the leave period and what to do in case they don't.
From India, Chandigarh
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Dear Dr. Fanconi,
You mentioned that you informed the hospital authorities about your pregnancy a month ago. During this notification, you indicated that you planned to begin maternity leave upon completing 32 weeks. Now that the 32 weeks have passed, it implies that you informed them at the completion of 31 weeks, which is a bit delayed. Typically, pregnancy notification is expected after the first trimester. While delayed notification doesn't negate your right to maternity leave, it assists employers in organizing a replacement and maintaining operational continuity.
Upon informing them, you should have promptly completed a leave application and submitted it to the relevant authorities for approval. Securing approval well in advance would have been the appropriate approach. Nevertheless, you can still submit the leave application now, referencing your initial email.
Regarding verbal notification to the authorities about your pregnancy, there are visible signs that may have gone unnoticed by HR professionals or your superiors. In some instances, when female employees do not officially communicate their pregnancy, HR professionals proactively engage with them to guide on the next steps.
There could be various interpretations for the lack of response to your email. However, there's no need for speculation at this point.
This advice should suffice for now. If the hospital authorities show willingness, it's excellent. Otherwise, further steps will be advised as the situation evolves.
Thank you,
Dinesh Divekar
From India, Bangalore
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You mentioned that you informed the hospital authorities about your pregnancy a month ago. During this notification, you indicated that you planned to begin maternity leave upon completing 32 weeks. Now that the 32 weeks have passed, it implies that you informed them at the completion of 31 weeks, which is a bit delayed. Typically, pregnancy notification is expected after the first trimester. While delayed notification doesn't negate your right to maternity leave, it assists employers in organizing a replacement and maintaining operational continuity.
Upon informing them, you should have promptly completed a leave application and submitted it to the relevant authorities for approval. Securing approval well in advance would have been the appropriate approach. Nevertheless, you can still submit the leave application now, referencing your initial email.
Regarding verbal notification to the authorities about your pregnancy, there are visible signs that may have gone unnoticed by HR professionals or your superiors. In some instances, when female employees do not officially communicate their pregnancy, HR professionals proactively engage with them to guide on the next steps.
There could be various interpretations for the lack of response to your email. However, there's no need for speculation at this point.
This advice should suffice for now. If the hospital authorities show willingness, it's excellent. Otherwise, further steps will be advised as the situation evolves.
Thank you,
Dinesh Divekar
From India, Bangalore
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Dear Dr. Fanconi,
It seems that you have already informed about your pregnancy and your intention to avail maternity leave effective from the 32nd week via email. Although you are a doctor yourself, you should have enclosed a medical certificate confirming the pregnancy by a registered medical practitioner.
No problem. Please obtain a medical certificate stating the expected date of delivery and submit it with your leave application to proceed on leave. It is important to note that the prenatal leave period should not exceed 8 weeks before the expected due date mentioned in the certificate.
From India, Salem
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It seems that you have already informed about your pregnancy and your intention to avail maternity leave effective from the 32nd week via email. Although you are a doctor yourself, you should have enclosed a medical certificate confirming the pregnancy by a registered medical practitioner.
No problem. Please obtain a medical certificate stating the expected date of delivery and submit it with your leave application to proceed on leave. It is important to note that the prenatal leave period should not exceed 8 weeks before the expected due date mentioned in the certificate.
From India, Salem
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@DineshDivekar Sir, ever since the start of my pregnancy, I have been registered as a patient in my own hospital. All my scans and reports are also from the same hospital. This has been the case since 6 weeks into the pregnancy.
From India, Chandigarh
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From India, Chandigarh
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Certainly! Here is the revised text with corrected spelling, grammar, and proper paragraph formatting:
---
@Dr,
I request you to review the terms of engagement with the establishment. If it establishes a full-time employer-employee relationship through a payroll basis and the salary is paid by the establishment, then we may discuss further formalities.
---
If you need any further assistance or clarification, feel free to ask.
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---
@Dr,
I request you to review the terms of engagement with the establishment. If it establishes a full-time employer-employee relationship through a payroll basis and the salary is paid by the establishment, then we may discuss further formalities.
---
If you need any further assistance or clarification, feel free to ask.
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Dear Dr. Fanconi,
You have written that "@DineshDivekar Sir, ever since the start of my pregnancy, I am registered as a patient in my own hospital. All my scans and reports are also from the same hospital. This has been the case for 6 weeks of the pregnancy.
You have been availing medical facilities provided by your hospital. However, availing medical facilities cannot have a trade-off with timely official communication. This is because the roles of those who provided medical treatment to you and those who are going to approve your maternity leave are different. Both work independently. While the former dealt with you as a patient, the latter would have dealt with your application from the administration's point of view. Their concern is on arranging your replacement and maintaining continuity in the services to the patients of your department.
In your case, how come your HOD or the HR department have not guided you is not understood.
Anyway, now your pregnancy is just a few weeks away. Even now, fill the leave application and get it approved. Please do this on priority.
Lastly, what the previous member "Glidor" has written merits attention as well. Are you a paid employee of the hospital or work on a consultancy basis? Provisions of the Maternity Benefit Act (MBA) are applicable only to employees and not to those who work as consultants.
Thanks,
Dinesh Divekar
From India, Bangalore
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You have written that "@DineshDivekar Sir, ever since the start of my pregnancy, I am registered as a patient in my own hospital. All my scans and reports are also from the same hospital. This has been the case for 6 weeks of the pregnancy.
You have been availing medical facilities provided by your hospital. However, availing medical facilities cannot have a trade-off with timely official communication. This is because the roles of those who provided medical treatment to you and those who are going to approve your maternity leave are different. Both work independently. While the former dealt with you as a patient, the latter would have dealt with your application from the administration's point of view. Their concern is on arranging your replacement and maintaining continuity in the services to the patients of your department.
In your case, how come your HOD or the HR department have not guided you is not understood.
Anyway, now your pregnancy is just a few weeks away. Even now, fill the leave application and get it approved. Please do this on priority.
Lastly, what the previous member "Glidor" has written merits attention as well. Are you a paid employee of the hospital or work on a consultancy basis? Provisions of the Maternity Benefit Act (MBA) are applicable only to employees and not to those who work as consultants.
Thanks,
Dinesh Divekar
From India, Bangalore
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You are entitled to institute a civil suit before the Civil Judge (Senior Division) of the area where you were working in the hospital for the recovery of damages equivalent to 26 weeks of maternity benefit not extended to you, which the employer was obliged to pay you under the Maternity Benefit Act.
S. K. Mittal
9319956443
From India, Faridabad
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S. K. Mittal
9319956443
From India, Faridabad
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Dear Mr. S. K. Mittal,
Regarding the denial of maternity leave, it is premature to suggest filing a lawsuit against the hospital. Any weapon, whether physical or legal, should be used sparingly. This is because the opposition may retaliate, potentially causing harm. Those resorting to weapons must consider the consequences of such actions and their ability to endure them.
Let us await a response from the original poster. This situation appears to stem from a lack of communication between the individual employee and the hospital administration. Therefore, pursuing a legal course of action may not be necessary at this point. Additionally, it is unclear if the doctor is a regular employee.
Typically, doctors in hospitals operate as independent practitioners. Consequently, they may qualify as "workmen" under the Industrial Disputes Act of 1947. In such cases, lodging a complaint with the labor office would be more appropriate than initiating a civil lawsuit. Nevertheless, it is premature to make definitive statements on this matter.
Thank you,
Dinesh Divekar
From India, Bangalore
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Regarding the denial of maternity leave, it is premature to suggest filing a lawsuit against the hospital. Any weapon, whether physical or legal, should be used sparingly. This is because the opposition may retaliate, potentially causing harm. Those resorting to weapons must consider the consequences of such actions and their ability to endure them.
Let us await a response from the original poster. This situation appears to stem from a lack of communication between the individual employee and the hospital administration. Therefore, pursuing a legal course of action may not be necessary at this point. Additionally, it is unclear if the doctor is a regular employee.
Typically, doctors in hospitals operate as independent practitioners. Consequently, they may qualify as "workmen" under the Industrial Disputes Act of 1947. In such cases, lodging a complaint with the labor office would be more appropriate than initiating a civil lawsuit. Nevertheless, it is premature to make definitive statements on this matter.
Thank you,
Dinesh Divekar
From India, Bangalore
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Maternity Benefits Act is a welfare legislation. Delay in official communication can't and will not impact her entitlement for benefits under the Act. Labour Commissioner is the authority to be approached with non-payment issues. But the time has not come. Put up a leave application with a Medical Certificate and ask for leave from ----- to ---- and get it acknowledged. The concerned lady needs to be calm and initiate action only if indifference persists to the official leave application. The health of the child is of prime importance. She can probably consult a lawyer for correct information and also about her nature of employment - contract, on roll, etc.
From India, Pune
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From India, Pune
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Thank you so much for such valuable inputs. I am a regular employee on the payroll working for the last 1.5 years. Since I am myself a gynecologist, I am aware of the usual procedure for applying for maternity leave in my hospital. I write the eligibility criteria for the same for all the staff nurses who are under our care and are also employees.
As per my knowledge, there does not exist any separate form for maternity leave application in the institute. Once eligible for leave according to the expected date of delivery, we mention the same on the patient's OPD paper. This is countersigned by the HOD of the department and sent to the Medical Superintendent, who forwards it to HR. HR then adds those leaves to the online platform (Employee Portal) that is available to all employees, where they can claim the leave.
Hence, when I informed HR of my pregnancy by email almost one month ago, at around 25 weeks, I felt that it was enough.
From India, Chandigarh
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As per my knowledge, there does not exist any separate form for maternity leave application in the institute. Once eligible for leave according to the expected date of delivery, we mention the same on the patient's OPD paper. This is countersigned by the HOD of the department and sent to the Medical Superintendent, who forwards it to HR. HR then adds those leaves to the online platform (Employee Portal) that is available to all employees, where they can claim the leave.
Hence, when I informed HR of my pregnancy by email almost one month ago, at around 25 weeks, I felt that it was enough.
From India, Chandigarh
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