How to tackle a female employee who was HR, and has already taken maternity leave one time after having a baby she has not come to the office for more than six months and she is again pregnant and now demanding leave for six months, so we asked her doctor slip where it is mentioned bed rest, but in the report its written travelling and everything is fine, so we send her a mail that we will not be paying her any amount until she comes to the office face to face discussion, now she sent a legal notice for unfairness.
As per law, she can take leave 2 months before delivery and 4 months after, but it's unfair to the company that without working from the office she is again demanding leave !!
From India, Bengaluru
As per law, she can take leave 2 months before delivery and 4 months after, but it's unfair to the company that without working from the office she is again demanding leave !!
From India, Bengaluru
She cannot take maternity leave in continuation to the one she has availed. As per section 5(2) she should have actually worked at least 80 days in the 12 months preceding the expected date of delivery. There are two conditions, 80 days working and 12 months. Therefore, you may reject her demand for maternity leave saying that she is not eligible to take maternity leave (second one) unless these two conditions are satisfied.
From India, Kannur
4222From India, Kannur
Eighty days in twelve months condition is applicable only for maternity benefits for confinement, not for sickness arising out of pregnancy.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
The case here is second maternity leave without joining back! The person on leave is asking for maternity leave of 26 weeks immediately after she has utilised the first spell of leaves. It is also presumed that she does not have two surviving children when she asks for 26 weeks leave.
From India, Kannur
From India, Kannur
The case need to be dealt carefully, do not reply bluntly rather keep silence before you act.
There are certain things need to be read properly,. Do the company have Standing orders or company rules on absenteeism or conditions of termination etc, are the vital points comes picture at this juncture.
To be eligible for maternity benefits, a woman must:
Have worked for the employer for at least 160 days in the 12 months before her expected delivery date. The suggestion can't be homogenous for all cases. It would be better if u can free to discuss 8093097934 for some insights.
,
From India, Mumbai
There are certain things need to be read properly,. Do the company have Standing orders or company rules on absenteeism or conditions of termination etc, are the vital points comes picture at this juncture.
To be eligible for maternity benefits, a woman must:
Have worked for the employer for at least 160 days in the 12 months before her expected delivery date. The suggestion can't be homogenous for all cases. It would be better if u can free to discuss 8093097934 for some insights.
,
From India, Mumbai
Thank you all for your revert,
The case is after the first pregnancy she resigned, but the company's business head requested her to join after 4 months, from that time she has not come to the office due to some reasons and management was also okay then, but it became clear in few months that she is not performing her duties well from home, so the management wanted to call her back to work from the office, but she kept delaying, so when a new HR joined recently the company, the management started forcing more but she held up with another pregnancy and when the management said to her to work as a consultant, she mails that saying she needs maternity leave, for 6 month and she will join after 1 month of her delivery, so the management decided until she comes to office and talk face 2 face, she will be considered not an employee of office and no payment will process until then.
From India, Bengaluru
The case is after the first pregnancy she resigned, but the company's business head requested her to join after 4 months, from that time she has not come to the office due to some reasons and management was also okay then, but it became clear in few months that she is not performing her duties well from home, so the management wanted to call her back to work from the office, but she kept delaying, so when a new HR joined recently the company, the management started forcing more but she held up with another pregnancy and when the management said to her to work as a consultant, she mails that saying she needs maternity leave, for 6 month and she will join after 1 month of her delivery, so the management decided until she comes to office and talk face 2 face, she will be considered not an employee of office and no payment will process until then.
From India, Bengaluru
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf