Dear seniors,
My wife is on Maternity leave for 3 months which is over recently. She wants to avail EML as she feels weak due to delivery. As per the company policy, she took doctor’s certificate for the same. The doctor wrote that her patient wants to avail one month leave due to weakness.
Now Hr is not accepting to approve this leave application.
Can you please suggest us how can we proceed in this case?
Thanks in advance.
Msr_sap.
From India, Mumbai
4My wife is on Maternity leave for 3 months which is over recently. She wants to avail EML as she feels weak due to delivery. As per the company policy, she took doctor’s certificate for the same. The doctor wrote that her patient wants to avail one month leave due to weakness.
Now Hr is not accepting to approve this leave application.
Can you please suggest us how can we proceed in this case?
Thanks in advance.
Msr_sap.
From India, Mumbai
dear
this leave can not be accepted as maternity leave .HR is correct as per their policy
and rules of maternity benefit.a women is entitle to get one month extra leave if there
was a problem during delevery and because of which there was illness to women
and doctor certify due to ill ness she requires one more month leave.
dear weakness is not ground.if she delivers a baby after opreation and there was some ill ness after that and doctor specify than only she is allowed leave.
regards
j s malik
From India, Delhi
this leave can not be accepted as maternity leave .HR is correct as per their policy
and rules of maternity benefit.a women is entitle to get one month extra leave if there
was a problem during delevery and because of which there was illness to women
and doctor certify due to ill ness she requires one more month leave.
dear weakness is not ground.if she delivers a baby after opreation and there was some ill ness after that and doctor specify than only she is allowed leave.
regards
j s malik
From India, Delhi
For taking EML there should be problem due to pregnancy. If you can prove than you can take 4 week EML. There must be proximate cause between problem(disease) and pregnancy.
From India, Hyderabad
From India, Hyderabad
Dear
You have your self have written that
"The doctor wrote that her patient wants to avail one month leave due to weakness". Then how this matter of leave can be considered under section 10 of the Maternity Benefit Act,1961?
R.N. Khola
(Labour & Legal Consultants)
09810405361
From India, Delhi
You have your self have written that
"The doctor wrote that her patient wants to avail one month leave due to weakness". Then how this matter of leave can be considered under section 10 of the Maternity Benefit Act,1961?
R.N. Khola
(Labour & Legal Consultants)
09810405361
From India, Delhi
All that has been said is true as Sec 10 states 'illness arising out Pregnancy, delivery, premature birth of child' which is certified by Doctor - only in such cases one additional month leave with wages is allowed.
Saurabh
From China, Leizhou
Saurabh
From China, Leizhou
Dear,
Weekness is not a valid reason to avail extended maternity leave, As per sec. 10 of Maternity Benefit Act 1961, Leave for illness arising out of pregnancy.
Your medical certificate is itself not showing illness due to pregnancy rather showing wish of your wife that she wants to avail one month leave due to weakness ( Here reason of week ness is not associated to pregnancy).
The decision of HR professional over there is correct as per my thinking and knowledge on the subject.
There must be documentry proof with valid reason to avail extended maternity leaves.
Now your wife can request for availing her earned leave if in her credit.
Thanks
Mohd. Arif Khan
Weekness is not a valid reason to avail extended maternity leave, As per sec. 10 of Maternity Benefit Act 1961, Leave for illness arising out of pregnancy.
Your medical certificate is itself not showing illness due to pregnancy rather showing wish of your wife that she wants to avail one month leave due to weakness ( Here reason of week ness is not associated to pregnancy).
The decision of HR professional over there is correct as per my thinking and knowledge on the subject.
There must be documentry proof with valid reason to avail extended maternity leaves.
Now your wife can request for availing her earned leave if in her credit.
Thanks
Mohd. Arif Khan
Dear ,
In this stage HR persons are right.
You should get another medical certificate with valid evidence of weakness by authorised doctor (if reason is valid).otherwise take leave without pay.
I would advise you ,please again visit to Govt maternity hospital and get a medical report,you should also know the reason of weakness.incase you find the valid reason of weakeness due to some internal part disorder then you can avail 4 weeks EML.
Best Regards
Sajid Ansari-Delhi
From India, Delhi
In this stage HR persons are right.
You should get another medical certificate with valid evidence of weakness by authorised doctor (if reason is valid).otherwise take leave without pay.
I would advise you ,please again visit to Govt maternity hospital and get a medical report,you should also know the reason of weakness.incase you find the valid reason of weakeness due to some internal part disorder then you can avail 4 weeks EML.
Best Regards
Sajid Ansari-Delhi
From India, Delhi
Dear Malik Sir,
After Completion of 84 days ML, in addition to this, she can avail 30 days ML on grounds of sickness due the delivery . Still (after additional 30 days) she is sick due to pregnancy , how long she can go on leave as per act? If employer permitted up to 84+30 days ML and after, can employer insist to attend for duty (in writing) as per Act (not on humanitarian grounds).
Sir, you are also requested to advise me on the following issue
if Woman employee covered under ESIC ACT. naturally she will get all the benefits from ESIC as per their schemes. To get the benefits from ESIC, there are some conditions and employee has to fulfill the criteria. My doubt is, if woman employee is covered under ESIC Act and she wants to go on Maternity leave. However, she was not fulfilled the criteria as per ESI(EX.: Her service is less than 6 months - like this) and she is not entitled to get the ML benefit from ESIC though she covered under ESIC.
In this situation, is employer has to pay the benefit though she covered under esic and employer also paying contributions on her name to ESIC.
Sir, one more doubt
As per Maternity benefit Act, every woman employee entitled to get maternity benefit from her employer, unless she has to work not less than 80 days in the TWELVE MONTHS IMMEDIATELY PRECEDING the date of her expected delivery.
In the above clause, minimum 80 days working is must. At the same time 12 months service is also compulsory? if the woman service with the organisation is only 4 months. However she worked for 80 days during her 4 months service. Whether she is eligible for getting maternity benefit from employer? Actually as per ESIC rules employee has to work minimum 70 days and at the same time 9 months service also must. Like that under Maternity benefit act, along with 80 working days, one year service also required or not?
Your guidance is requested
Regrads
PRASAD.SBR
From India, Pune
After Completion of 84 days ML, in addition to this, she can avail 30 days ML on grounds of sickness due the delivery . Still (after additional 30 days) she is sick due to pregnancy , how long she can go on leave as per act? If employer permitted up to 84+30 days ML and after, can employer insist to attend for duty (in writing) as per Act (not on humanitarian grounds).
Sir, you are also requested to advise me on the following issue
if Woman employee covered under ESIC ACT. naturally she will get all the benefits from ESIC as per their schemes. To get the benefits from ESIC, there are some conditions and employee has to fulfill the criteria. My doubt is, if woman employee is covered under ESIC Act and she wants to go on Maternity leave. However, she was not fulfilled the criteria as per ESI(EX.: Her service is less than 6 months - like this) and she is not entitled to get the ML benefit from ESIC though she covered under ESIC.
In this situation, is employer has to pay the benefit though she covered under esic and employer also paying contributions on her name to ESIC.
Sir, one more doubt
As per Maternity benefit Act, every woman employee entitled to get maternity benefit from her employer, unless she has to work not less than 80 days in the TWELVE MONTHS IMMEDIATELY PRECEDING the date of her expected delivery.
In the above clause, minimum 80 days working is must. At the same time 12 months service is also compulsory? if the woman service with the organisation is only 4 months. However she worked for 80 days during her 4 months service. Whether she is eligible for getting maternity benefit from employer? Actually as per ESIC rules employee has to work minimum 70 days and at the same time 9 months service also must. Like that under Maternity benefit act, along with 80 working days, one year service also required or not?
Your guidance is requested
Regrads
PRASAD.SBR
From India, Pune
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