MY EMPLOYEE HAD REQUESTED FOR MATERNITY LEAVE OF THREE MONTH ACCORDING TO OUR EMPLOYMENT LAW. WE APPROVED THE SAME AND SHE PROCEEDED. AFTER TWO DAYS SHE WENT TO GIVE BIRTH. UNFORTUNATELY SHE LOST THE BABY(STLL BIRTH).
WILL IT BE IN ORDER FOR ME TO RECALL HER BACK ON DUTY AS SHE HAS NO BABY TO WEAN?
From Kenya, Nairobi
WILL IT BE IN ORDER FOR ME TO RECALL HER BACK ON DUTY AS SHE HAS NO BABY TO WEAN?
From Kenya, Nairobi
The extract of the Maternity Benefit Act on such cases:
9. Leave for miscarriage.- In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage.
Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.- A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
From India, Mumbai
2739. Leave for miscarriage.- In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage.
Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.- A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
From India, Mumbai
Hello Kenluv,
Since you are based in Kenya, suggest look into the Maternity Laws of your country.
Prima facie, EVERY country covers the situation you mentioned.
But, in general, pl note that Maternity Laws of any country are based NOT on just the necessity of the mother to wean the child. They are also based the general medical condition of the mother after delivery.
Coming to the situation you mentioned, whether the mother delivers a normal child or a still-born one, the medical condition is essentially the same. To go a step further, in fact, in such cases, the ADVERSE psychological impact of such situations are invariably HIGHER than if she were to deliver a normal child.
Hope you get the point.
Rgds,
TS
From India, Hyderabad
Since you are based in Kenya, suggest look into the Maternity Laws of your country.
Prima facie, EVERY country covers the situation you mentioned.
But, in general, pl note that Maternity Laws of any country are based NOT on just the necessity of the mother to wean the child. They are also based the general medical condition of the mother after delivery.
Coming to the situation you mentioned, whether the mother delivers a normal child or a still-born one, the medical condition is essentially the same. To go a step further, in fact, in such cases, the ADVERSE psychological impact of such situations are invariably HIGHER than if she were to deliver a normal child.
Hope you get the point.
Rgds,
TS
From India, Hyderabad
Dear Kenluv
I agree in totality with Tajsateesh's opinion.
It is nice of your company to grant her Maternity Leave of three months ( or 12 weeks) as per your Employment Laws.
However, there must be a provision for Miscarriage or Still-birth in the laws; albeit with reduced number of leaves., Please, find out and act accordingly.
Moreover; I wish to convey that it sounds very inhuman and mean to even think of :
"WILL IT BE IN ORDER FOR ME TO RECALL HER BACK ON DUTY AS SHE HAS NO BABY TO WEAN?"
We are human beings; and as HRs our responsibilities are all the more !!!
This must be such a traumatic and tragic time for your employee; who has suffered not only physically but mentally and emotionally as well.
Instead of what you have in mind; it would be more appropriate and humane to share her grief and loss.
You can send a message to her; on your behalf and on behalf of the management, that you share her pain and loss, and the management is with her to support her in such a time of adversity and need.
I am sure, your management will appreciate you for this initiative and care.
Later on, when she has recovered physically and emotionally, one can personally convey the matter about maternity leave.
Warm regards.
From India, Delhi
I agree in totality with Tajsateesh's opinion.
It is nice of your company to grant her Maternity Leave of three months ( or 12 weeks) as per your Employment Laws.
However, there must be a provision for Miscarriage or Still-birth in the laws; albeit with reduced number of leaves., Please, find out and act accordingly.
Moreover; I wish to convey that it sounds very inhuman and mean to even think of :
"WILL IT BE IN ORDER FOR ME TO RECALL HER BACK ON DUTY AS SHE HAS NO BABY TO WEAN?"
We are human beings; and as HRs our responsibilities are all the more !!!
This must be such a traumatic and tragic time for your employee; who has suffered not only physically but mentally and emotionally as well.
Instead of what you have in mind; it would be more appropriate and humane to share her grief and loss.
You can send a message to her; on your behalf and on behalf of the management, that you share her pain and loss, and the management is with her to support her in such a time of adversity and need.
I am sure, your management will appreciate you for this initiative and care.
Later on, when she has recovered physically and emotionally, one can personally convey the matter about maternity leave.
Warm regards.
From India, Delhi
Hello Kenluv,
To elaborate the consequences of what Raj Kumar mentioned:Your company will have a satisfied & dedicated employee 'for life'.
It's human nature to remember someone who tenders support when it's 'NEEDED MOST'.
The Truth in the saying "A true friend is the one who walks-in when the world walks out" also applies equally to an entity/corporation--and this obviously reflects from the HR.
Rgds,
TS
From India, Hyderabad
To elaborate the consequences of what Raj Kumar mentioned:Your company will have a satisfied & dedicated employee 'for life'.
It's human nature to remember someone who tenders support when it's 'NEEDED MOST'.
The Truth in the saying "A true friend is the one who walks-in when the world walks out" also applies equally to an entity/corporation--and this obviously reflects from the HR.
Rgds,
TS
From India, Hyderabad
Dear Seniors, can you please help me with the below query — — — 1.An women who is under probation, is she eligible for maternity leave? De Sovrani
From India, Calcutta
From India, Calcutta
Dear De Sovrani
Why this question ??
Does the Act (Maternity Benefits Act 1961) distinguishes between any Class or Type of employees ??
The problem that appears is; instead of learning more about how best to administer the benefits; people generally tend to find ways to avoid any benefits to employees. If an unscrupulous management thinks of such foul ways; then its the bounden duty of HR professionals to give right and lawful advice and act accordingly.
But how can an HR do this; unless he is conversant with the Acts and its provisions. So it is imperative that every HR should make efforts to gain expertise in his own chosen field.
Coming back to your query; the only relevant point regarding eligibility for the benefit is :
"A women shall be entitled to maternity benefit only if she has actually worked in an
establishment of the employer for a period of not less then eighty days in the twelve
months immediately proceeding the date of her expected delivery ( vide section-5[2])"
Warm regards.
From India, Delhi
Why this question ??
Does the Act (Maternity Benefits Act 1961) distinguishes between any Class or Type of employees ??
The problem that appears is; instead of learning more about how best to administer the benefits; people generally tend to find ways to avoid any benefits to employees. If an unscrupulous management thinks of such foul ways; then its the bounden duty of HR professionals to give right and lawful advice and act accordingly.
But how can an HR do this; unless he is conversant with the Acts and its provisions. So it is imperative that every HR should make efforts to gain expertise in his own chosen field.
Coming back to your query; the only relevant point regarding eligibility for the benefit is :
"A women shall be entitled to maternity benefit only if she has actually worked in an
establishment of the employer for a period of not less then eighty days in the twelve
months immediately proceeding the date of her expected delivery ( vide section-5[2])"
Warm regards.
From India, Delhi
Dear Kenluv,
I did some research on this term "Still Birth". I found the below answer from ILO Site.
3. Miscarriage and stillbirth
Stillbirth is the term used for a fetal death in late pregnancy; miscarriage is the term used for fetal death in earlier pregnancy. The point in pregnancy at which a miscarriage becomes a stillbirth is determined by the laws and policies of each State. There are no World Health Organization definitions for these terms.
In a number of countries stillbirth is considered as birth, therefore, entitling the woman to the same benefits as a live birth. This is not the case for miscarriage.
Unions should ensure that appropriate leave and health care is available for both miscarriage and stillbirth, especially considering the emotional stress suffered by the woman and the family members in such circum stances.
The link to this page is also given below for the reference of the worthy Members.
C:\ABC\V07301.htm
However as the members suggested one should also look at the emotional espect of it. It is a mighty blow on the mental condition of a woman. A good company should support their employees at such time. Indian provision is still a better and humane in such circumstances.
From India, New Delhi
I did some research on this term "Still Birth". I found the below answer from ILO Site.
3. Miscarriage and stillbirth
Stillbirth is the term used for a fetal death in late pregnancy; miscarriage is the term used for fetal death in earlier pregnancy. The point in pregnancy at which a miscarriage becomes a stillbirth is determined by the laws and policies of each State. There are no World Health Organization definitions for these terms.
In a number of countries stillbirth is considered as birth, therefore, entitling the woman to the same benefits as a live birth. This is not the case for miscarriage.
Unions should ensure that appropriate leave and health care is available for both miscarriage and stillbirth, especially considering the emotional stress suffered by the woman and the family members in such circum stances.
The link to this page is also given below for the reference of the worthy Members.
C:\ABC\V07301.htm
However as the members suggested one should also look at the emotional espect of it. It is a mighty blow on the mental condition of a woman. A good company should support their employees at such time. Indian provision is still a better and humane in such circumstances.
From India, New Delhi
As members have suggested, you need to look at all 3 parts of the matter :
- what is the legal requirement in your country
- what is the medical status ? If it was Caesarian, then recovery is a month before she can leave the home, she will need regular medication and I think dressing, etc. you can't force her back to work. If its a normal delivery, probably she will be fit to work after a week. If the work is a desk job she can come back. If its hard work, she will be too weak and health will suffer further.
- what is the emotional situation.
Your desire to recall her to work seem to be driven by work needs. But at times, returning to work after a traumatic incident like this may be a good psychological thing. Check with her friends in office. Let them go and meet her informally. Let them ask her when she plan to return to work. If they feel she needs to get away from the house and its memories for a while, they can offer to get her back to work where her friends in office will be there for moral support. But if you pursue such a path, please ensure that you are providing a supportive environment and not one that will subject her to mental cruelty.
From India, Mumbai
- what is the legal requirement in your country
- what is the medical status ? If it was Caesarian, then recovery is a month before she can leave the home, she will need regular medication and I think dressing, etc. you can't force her back to work. If its a normal delivery, probably she will be fit to work after a week. If the work is a desk job she can come back. If its hard work, she will be too weak and health will suffer further.
- what is the emotional situation.
Your desire to recall her to work seem to be driven by work needs. But at times, returning to work after a traumatic incident like this may be a good psychological thing. Check with her friends in office. Let them go and meet her informally. Let them ask her when she plan to return to work. If they feel she needs to get away from the house and its memories for a while, they can offer to get her back to work where her friends in office will be there for moral support. But if you pursue such a path, please ensure that you are providing a supportive environment and not one that will subject her to mental cruelty.
From India, Mumbai
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
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