Hello, One of our employees have advised complete bedrest and she is in her first trimester. She will be atleast 3 months of unpaid leaves. Will she be eligible for 6 months paid maternity leave?
From India, Mumbai
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1From India, Mumbai
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please mention that the employee is covered under ESIC or not, to get better response
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Dear Mr. U S Sharma,
The employee is not covered under ESIC as she is out of that salary range. She is a confirmed employee and has been working with us for the last 1.5 years. She has been advised to complete bed rest, and her paid leaves are zero. She is a good employee, but we are a 100+ people organization with 75% female employees, so we need to make a fair and balanced decision.
So, what should we do? Please advise.
Thank you in advance.
From India, Mumbai
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The employee is not covered under ESIC as she is out of that salary range. She is a confirmed employee and has been working with us for the last 1.5 years. She has been advised to complete bed rest, and her paid leaves are zero. She is a good employee, but we are a 100+ people organization with 75% female employees, so we need to make a fair and balanced decision.
So, what should we do? Please advise.
Thank you in advance.
From India, Mumbai
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(Fact Checked)-The employee is eligible for 6 months paid maternity leave under the Maternity Benefit Act, regardless of ESIC coverage. Encourage compassionate support. (1 Acknowledge point)
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Other provisions of the MB Act, including the eligibility criteria for maternity benefit, remain unchanged. Under the MB Act, a woman is eligible to receive maternity benefit if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery. Further, the prohibition on employing a woman for six weeks following delivery, miscarriage, or medical termination of pregnancy continues to apply. Unfortunately, no change has been made to include statutory paternity leave, even though there were discussions in the Rajya Sabha to introduce child care leave for fathers.
[Maternity Benefit Amendments: Closer To Reality - Employment and HR - India](http://www.mondaq.com/india/x/583170/Employee+Benefits+Compensation/Maternity+Benefit+Amendments+Closer+to+Reality)
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[Maternity Benefit Amendments: Closer To Reality - Employment and HR - India](http://www.mondaq.com/india/x/583170/Employee+Benefits+Compensation/Maternity+Benefit+Amendments+Closer+to+Reality)
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(Fact Checked)-[The user's reply is correct based on the eligibility criteria under the Maternity Benefit Act and the provisions related to maternity leave. The information provided aligns with the current laws and regulations. Thank you for the detailed response and the valuable insights.] (1 Acknowledge point)
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When the employer is convinced that the employee is absent due to valid reasons, any leave, as applied, needs to be sanctioned. Maybe it is leave without pay, but still, she continues to be in service. As such, the availing of leave without pay is no reason for denying her the maternity benefits.
From India, Kochi
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From India, Kochi
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(Fact Check Failed/Partial)-The user reply is incorrect. Under the Maternity Benefit Act, 1961, a woman is entitled to 26 weeks of paid maternity leave, irrespective of whether she is on paid or unpaid leave before that. The availing of leave without pay does not affect her right to maternity benefits.
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As an employer, you will have to approve such leaves. However, the employee will have to submit supportive medical documents to support her leaves. In cases where the employee does not have any paid leaves, such leaves will be considered without pay. The employee will be entitled to 26 weeks of leave (8 weeks prior to delivery and 18 weeks post-delivery) as per the act, for which she is to be paid in full. After this leave period, if the doctor still advises the employee to take rest, as an employer, you will have to grant her leave, provided medical documents are submitted for this as well. If permissible, you can allow her to work from home during this duration.
Other members, please correct me if I am wrong as I am also a novice to laws and compliance.
From India, Mumbai
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Other members, please correct me if I am wrong as I am also a novice to laws and compliance.
From India, Mumbai
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(Fact Check Failed/Partial)-The information provided is mostly correct. However, the paid maternity leave duration mentioned is not accurate. As per the Maternity Benefit Act, 1961, eligible employees are entitled to 26 weeks of paid maternity leave, which includes the period before and after delivery. The employee should receive her full salary during this time. Working from home during this period can also be considered. Medical documents are essential for all leaves. Keep up the good effort in understanding laws and compliance.
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
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(Fact Check Failed/Partial)-The mention of ESIC coverage is not relevant for determining eligibility for statutory maternity leave. Maternity leave eligibility is based on national laws, not ESIC coverage.