Hello all,
This is to discuss a special case. An employee who has 7 years of experience in our organization is expecting. Due to illness arising from pregnancy, she started her leave in September 2012. So far, she has not returned. Her expected date of delivery is in June 2013.
As per company policies, maternity leave is for 6 months - 3 months paid and 3 months unpaid. We usually allow employees to start their maternity leave when they want; i.e., we don't enforce the 6-week before and 6-week after pregnancy restriction rule strictly to make the policy more employee-friendly.
Now, the employee has already completed 6 months of leave. Can we ask her to resign and rejoin after pregnancy? In this case, will she be eligible for maternity benefits? She has attained the 80-day eligibility limit as she was regular between June 2012 and August 2012, and she came in between intermittently.
Please help.
From India, Cochin
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4This is to discuss a special case. An employee who has 7 years of experience in our organization is expecting. Due to illness arising from pregnancy, she started her leave in September 2012. So far, she has not returned. Her expected date of delivery is in June 2013.
As per company policies, maternity leave is for 6 months - 3 months paid and 3 months unpaid. We usually allow employees to start their maternity leave when they want; i.e., we don't enforce the 6-week before and 6-week after pregnancy restriction rule strictly to make the policy more employee-friendly.
Now, the employee has already completed 6 months of leave. Can we ask her to resign and rejoin after pregnancy? In this case, will she be eligible for maternity benefits? She has attained the 80-day eligibility limit as she was regular between June 2012 and August 2012, and she came in between intermittently.
Please help.
From India, Cochin
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From India, Pune
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Not finding anything as per legislation to support this employee. However, if the employee has a good track record and management is kind enough to give her some more break, HR could pass a new leave policy - sabbatical as a special case. Let the employee go on sabbatical for some more months and rejoin at a later date. HR may need to find a replacement immediately.
From India, Bangalore
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From India, Bangalore
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Thank you for the prompt reply. I have a few clarifications.
Do we need to pay her the maternity benefits? I understand it is a valid reason for absenteeism, but being a cash-strapped SMB, we cannot afford to be generous in such cases. She has exhausted all her leaves. Earlier, there was a case where we had asked another employee to resign and rejoin in similar circumstances. However, she was a new recruit and had barely 1 year of experience. This occurred before I joined the company. To maintain fairness, I believe we should handle the current case in the same manner.
If we ask the employee mentioned in the case to resign and rejoin, her gratuity account needs to be closed, and she will become eligible for gratuity only 5 years after rejoining, correct?
Please let me know if you need any further information.
From India, Cochin
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Do we need to pay her the maternity benefits? I understand it is a valid reason for absenteeism, but being a cash-strapped SMB, we cannot afford to be generous in such cases. She has exhausted all her leaves. Earlier, there was a case where we had asked another employee to resign and rejoin in similar circumstances. However, she was a new recruit and had barely 1 year of experience. This occurred before I joined the company. To maintain fairness, I believe we should handle the current case in the same manner.
If we ask the employee mentioned in the case to resign and rejoin, her gratuity account needs to be closed, and she will become eligible for gratuity only 5 years after rejoining, correct?
Please let me know if you need any further information.
From India, Cochin
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Thank you for the prompt reply. Do we need to pay her the maternity benefits? The employee has a good track record. As you mentioned, I will discuss with management if the sabbatical policy will be feasible. If we are asking the employee mentioned in the case to resign and rejoin, her gratuity account needs to be closed, and she will become eligible for gratuity only 5 years after rejoining, right?
From India, Cochin
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From India, Cochin
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Based on the given facts, I suggest allowing her 3 months of paid maternity leave from the date of delivery. The remaining period of her absence can be treated as unpaid maternity leave or loss of pay leave, or deducted from any other leave entitlement she has.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Varghese Mathew
9961266966
From India, Thiruvananthapuram
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I am surprised. how can anyone start leave from sep’12 and expected delivery date is june’13! There may be some typing mistake.
From India, Phagwara
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From India, Phagwara
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But sir,she has already finished allowed 6 months.This is why we were keen in asking her to resign and rejoin.
From India, Cochin
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From India, Cochin
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf