One of the employees was instructed not to come to the office effective from May 1 for a maternity leave of 6 months. However, she reported between May 1 and May 17 and delivered her baby on May 18.
Her approved maternity leave period is from May 21 to November 21. The question is whether we should apply her remaining leave days for the period between May 1 and May 17. Additionally, how should we address May 18, 19, and 20?
From India
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Her approved maternity leave period is from May 21 to November 21. The question is whether we should apply her remaining leave days for the period between May 1 and May 17. Additionally, how should we address May 18, 19, and 20?
From India
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If she had attended the office until the 17th of May, and the date of delivery is the 18th, her maternity leave should start from the 18th of May for 26 weeks. You cannot mark leave when the employee has come to work. Since she had worked from the 1st of May until the 17th of May, the days from the 1st of May until the 17th of May should be marked as present. You cannot approve maternity leave arbitrarily; it should commence from the date on which she actually went on leave, which is the 18th of May.
From India, Kannur
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4771From India, Kannur
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Dear friend,
As per Section 5(3) of the MB Act, 1961, the maximum period of maternity leave is 26 weeks with reference to the expected day of delivery. It can be availed either at a single stretch from the actual date of delivery or in two spells, which can be at a maximum of 8 weeks prior to the expected day of delivery and 18 weeks following the day of actual delivery. Therefore, it is the choice of the employee only, and the employer cannot compel her to go on leave according to his convenience or discretion. The facts narrated in your post warrant only the modification of the leave sanction orders as of now commencing from the actual date of delivery, i.e., 26 weeks of maternity leave effective from 18th May 2020.
From India, Salem
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As per Section 5(3) of the MB Act, 1961, the maximum period of maternity leave is 26 weeks with reference to the expected day of delivery. It can be availed either at a single stretch from the actual date of delivery or in two spells, which can be at a maximum of 8 weeks prior to the expected day of delivery and 18 weeks following the day of actual delivery. Therefore, it is the choice of the employee only, and the employer cannot compel her to go on leave according to his convenience or discretion. The facts narrated in your post warrant only the modification of the leave sanction orders as of now commencing from the actual date of delivery, i.e., 26 weeks of maternity leave effective from 18th May 2020.
From India, Salem
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Dear Anonymous,
On your query stating "Should we apply her remaining leaves for the period between May 1 to May 17? How should we treat May 18, 19, and 20?"
Ans: When a pregnant employee attended the office up to May 17th, how can you mark leave for her from May 1 to 17th? In this case, her paid leave entitlement under the Act starts from May 18th onwards.
From India, Aizawl
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On your query stating "Should we apply her remaining leaves for the period between May 1 to May 17? How should we treat May 18, 19, and 20?"
Ans: When a pregnant employee attended the office up to May 17th, how can you mark leave for her from May 1 to 17th? In this case, her paid leave entitlement under the Act starts from May 18th onwards.
From India, Aizawl
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Dear Members,
We are all aware that there is a provision for payment of 26 weeks of maternity benefit from the date of delivery or 8 weeks prior to the expected date of delivery.
Here, I would like to suggest, as a precautionary measure, that it is always advisable to obtain a written application/request from the concerned female employee stating that she is willing to work until the expected date of delivery at her own risk.
The purpose of obtaining this application is in case some unforeseen incident occurs. Family members may not hesitate to sue the company for not granting leave 8 weeks prior to the expected Date of Delivery (DOD) and making her work until the last moment during her delicate situation. People from Human Rights, Media, and the labor department will approach you for your justification for adopting Unfair Labor Practices in the organization.
Suresh
From India, Thane
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We are all aware that there is a provision for payment of 26 weeks of maternity benefit from the date of delivery or 8 weeks prior to the expected date of delivery.
Here, I would like to suggest, as a precautionary measure, that it is always advisable to obtain a written application/request from the concerned female employee stating that she is willing to work until the expected date of delivery at her own risk.
The purpose of obtaining this application is in case some unforeseen incident occurs. Family members may not hesitate to sue the company for not granting leave 8 weeks prior to the expected Date of Delivery (DOD) and making her work until the last moment during her delicate situation. People from Human Rights, Media, and the labor department will approach you for your justification for adopting Unfair Labor Practices in the organization.
Suresh
From India, Thane
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