One of our employees was on maternity leave, and the maternity leave got over with full benefits, that employee has resumed the office, but she is requesting the management to prolong the leave with benefits if approved by the management; otherwise, she would resign now and resume the office in the future after 6/7 months?
What are the legal repercussions of maternity leave beyond 6 months?
If that employee resigns now and thinks of resuming the office after 6 months, should management allow that employee to join even if there is no need for that employee?
From India, Jalandhar
What are the legal repercussions of maternity leave beyond 6 months?
If that employee resigns now and thinks of resuming the office after 6 months, should management allow that employee to join even if there is no need for that employee?
From India, Jalandhar
Hi,
As per Maternity Act 182 days leave with salary is mandatory. After the completion of Maternity leave period women facing health challenges related to pregnancy can extend their leave beyond this period say for a period of another one month if recommended by the Doctor with proper prescription. There is no statutory requirement beyond this. If the employee want to quit she may proceed and whether to consider for re employment after 6 months is purely employer's prerogative and there is no statutory compulsion. On humanitarian ground either work from home option or break-in-serve without salary option may be extended to the employee based on the discretion of the employer.
From India, Madras
942As per Maternity Act 182 days leave with salary is mandatory. After the completion of Maternity leave period women facing health challenges related to pregnancy can extend their leave beyond this period say for a period of another one month if recommended by the Doctor with proper prescription. There is no statutory requirement beyond this. If the employee want to quit she may proceed and whether to consider for re employment after 6 months is purely employer's prerogative and there is no statutory compulsion. On humanitarian ground either work from home option or break-in-serve without salary option may be extended to the employee based on the discretion of the employer.
From India, Madras
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Why did this talented employee leave.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf