An employee took maternity leave and not joining after 6 months (as per act). She is trying to extend the leave for 3 months more. Can the company take the necessary action as the work is getting hampered?
From India, Calcutta
From India, Calcutta
@Kb59
Maternity leave is limited to 26 weeks only, and it can not be extended from any side, so on what ground 3 months extension can be asked for ?
you have not mentioned the nature of establishment / service, so in absence of any specific law / rule enforcement, the employer can ask her to work from home, or mark it absent or LOP, however 3 months is not a common term, so there must be some ground for such application, which should be considered by establishment on priority and humanity basis also
632Maternity leave is limited to 26 weeks only, and it can not be extended from any side, so on what ground 3 months extension can be asked for ?
you have not mentioned the nature of establishment / service, so in absence of any specific law / rule enforcement, the employer can ask her to work from home, or mark it absent or LOP, however 3 months is not a common term, so there must be some ground for such application, which should be considered by establishment on priority and humanity basis also
The situation needs analysis
6 months leave is as such permitted
Sec 10 of MB Act authorises 1 more month if she has any illness etc due to pregnancy-paid leave,subject to medical proof.
Sec 11 authorises nursing breaks,twice a day until child is 15 months old
Taking all this into account-discuss the matter with the lady to arrive at win win situation
She can apply for LWP for rest two months.
Entitlement to WFH is also there as per law
Mutual communication is the best way and then probably a temporary employee can be hired to take up her load,if nature of work permits.
From India, Pune
6 months leave is as such permitted
Sec 10 of MB Act authorises 1 more month if she has any illness etc due to pregnancy-paid leave,subject to medical proof.
Sec 11 authorises nursing breaks,twice a day until child is 15 months old
Taking all this into account-discuss the matter with the lady to arrive at win win situation
She can apply for LWP for rest two months.
Entitlement to WFH is also there as per law
Mutual communication is the best way and then probably a temporary employee can be hired to take up her load,if nature of work permits.
From India, Pune
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Maternity Leave Policy - posting.doc