Hello All,
Could you suggest the procedure for an employee who is requesting a maternity leave extension after already taking 6 months of maternity leave? If she submits a medical certificate, should we allow her to take additional leave?
Thank you.
Regards,
Venkatesh
Mob: 7207442648
From India, Hyderabad
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3Could you suggest the procedure for an employee who is requesting a maternity leave extension after already taking 6 months of maternity leave? If she submits a medical certificate, should we allow her to take additional leave?
Thank you.
Regards,
Venkatesh
Mob: 7207442648
From India, Hyderabad
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Hi, Yes 182 days for MB with salary is as per law. Subsequent extension of leaves should be considered, however that can leave without pay.
From India, Madras
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From India, Madras
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Dear Venkatesh,
Whether you wish to give an extension to the maternity leave or not is an internal matter of your company. By granting the woman employee the maternity benefits, you have fulfilled the statutory requirement.
But then the question arises on why she wanted the extension to the maternity leave. What are the compelling circumstances and are these validated by the proper medical certificate? Why did she not apply in advance?
However genuine the grounds may be, can the woman employee be spared for the leave? What are the views of her HOD? Will the work be impacted in any way? This is an internal matter of your company, and we, as outsiders, have no say. Suppose you sanction her the leave, will she resume her duties or submit her resignation at the last moment?
Thanks,
Dinesh Divekar
From India, Bangalore
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Whether you wish to give an extension to the maternity leave or not is an internal matter of your company. By granting the woman employee the maternity benefits, you have fulfilled the statutory requirement.
But then the question arises on why she wanted the extension to the maternity leave. What are the compelling circumstances and are these validated by the proper medical certificate? Why did she not apply in advance?
However genuine the grounds may be, can the woman employee be spared for the leave? What are the views of her HOD? Will the work be impacted in any way? This is an internal matter of your company, and we, as outsiders, have no say. Suppose you sanction her the leave, will she resume her duties or submit her resignation at the last moment?
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Venkatesh,
I would like to draw your attention to section 10 of the Maternity Benefit Act, 1961, which provides for an additional one month of leave with wages for illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage on the production of a medical certificate. Therefore, you are legally bound to sanction one month's additional leave with wages if the employee produces a medical certificate over and above the earlier 182 days.
From India, Salem
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I would like to draw your attention to section 10 of the Maternity Benefit Act, 1961, which provides for an additional one month of leave with wages for illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage on the production of a medical certificate. Therefore, you are legally bound to sanction one month's additional leave with wages if the employee produces a medical certificate over and above the earlier 182 days.
From India, Salem
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Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage - A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Kindly act as per Section 10 of the Maternity Benefit Act.
From India, Pune
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10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage - A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Kindly act as per Section 10 of the Maternity Benefit Act.
From India, Pune
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Dear Venkatesh,
The Maternity Benefit Act does not bar the extension of leave beyond the permissible limit of 26 weeks. As the learned member Umakanthan said, it provides for an additional leave of one month for sickness based on a proper medical certificate under Section 10. If the leave requirement is more than one month, you can consider sanctioning her earned leave or sick leave if she has it at credit. As the learned member Mr. Dinesh Divekar said, it is a decision to be taken based on the facts and circumstances of the case.
B. Saikumar
HR & Labour Relations Consultant
From India, Mumbai
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The Maternity Benefit Act does not bar the extension of leave beyond the permissible limit of 26 weeks. As the learned member Umakanthan said, it provides for an additional leave of one month for sickness based on a proper medical certificate under Section 10. If the leave requirement is more than one month, you can consider sanctioning her earned leave or sick leave if she has it at credit. As the learned member Mr. Dinesh Divekar said, it is a decision to be taken based on the facts and circumstances of the case.
B. Saikumar
HR & Labour Relations Consultant
From India, Mumbai
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One of our employee is on maternity leave from 17th Dec 2018 to 17th Jun-2019 (6 months). Employee has leave extension request.
• Can this extension of leave be accepted? If yes what kind of documents are to be submitted?
• Should this be considered as Loss of pay? If yes, please advise for what period max can this be availed?
Also suggest if any additional things are to be taken care or documentation portion
Thank you!
Regards,
Venkatesh.
From India, Hyderabad
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• Can this extension of leave be accepted? If yes what kind of documents are to be submitted?
• Should this be considered as Loss of pay? If yes, please advise for what period max can this be availed?
Also suggest if any additional things are to be taken care or documentation portion
Thank you!
Regards,
Venkatesh.
From India, Hyderabad
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"Can this extension of leave be accepted?"
On what grounds has the employee asked for an extension? Section 10 authorizes her to request an additional one month leave based on medical grounds supported by adequate medical documentation. Therefore, the answer to your query depends on the grounds for the leave.
From India, Pune
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On what grounds has the employee asked for an extension? Section 10 authorizes her to request an additional one month leave based on medical grounds supported by adequate medical documentation. Therefore, the answer to your query depends on the grounds for the leave.
From India, Pune
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Dear Venkatesh,
Apart from all the above-mentioned, please check the genuineness of the request for leave. If it is genuine, the employer may accept the leave as "Loss of Pay" or may adjust it from the leave balance, if any. This will also help in employee engagement in the future.
Thanks,
From India, Delhi
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Apart from all the above-mentioned, please check the genuineness of the request for leave. If it is genuine, the employer may accept the leave as "Loss of Pay" or may adjust it from the leave balance, if any. This will also help in employee engagement in the future.
Thanks,
From India, Delhi
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