Hi,
I work for an organisation based out of Delhi. One of our employees who proceeded on maternity leave, after completion of the leave period has written an email saying that since she does not have any one at home to take care of the baby she wants to extend her leave by further 2 months. I would require suggestion on the following:
a) Can we extend her leave on these grounds (i suppose the leave can be extended on receipt of a letter from the medical practitioner)?
b) For how long her leave can be extended?
c) Can we deny her the leave?
d) What if she does not return after the leave period, can we terminate her services on those grounds?
Thanks in advance for your replies.
From India, Delhi
9I work for an organisation based out of Delhi. One of our employees who proceeded on maternity leave, after completion of the leave period has written an email saying that since she does not have any one at home to take care of the baby she wants to extend her leave by further 2 months. I would require suggestion on the following:
a) Can we extend her leave on these grounds (i suppose the leave can be extended on receipt of a letter from the medical practitioner)?
b) For how long her leave can be extended?
c) Can we deny her the leave?
d) What if she does not return after the leave period, can we terminate her services on those grounds?
Thanks in advance for your replies.
From India, Delhi
Hi,
what is the ML period in your company. Normally company gives ML for Three to Six Months.
If she has the Privilege leave in her tray she can avail that, if your company is offering child care leave,that also she can avail.
If you are able to manage without her then whats the problem? Its all depends on you.
If you need more clarification please cal me.
Regards
Anusha
HR Professional
09846743281
From India
what is the ML period in your company. Normally company gives ML for Three to Six Months.
If she has the Privilege leave in her tray she can avail that, if your company is offering child care leave,that also she can avail.
If you are able to manage without her then whats the problem? Its all depends on you.
If you need more clarification please cal me.
Regards
Anusha
HR Professional
09846743281
From India
On humanitarian grounds, she may be given an extension of leave but not as paid leave. The idea of terminating a woman employee who has gone on ML does not sound healthy. Pon
From India, Lucknow
From India, Lucknow
She can ask for an extension of Maternity leave upto 1 month in case of complications post delivery. For that she needs to submit Form C (doctor's certificate of pregnancy) & Form F (receipt of Maternity benefit)
She can be treated as LWP post 1 month after the end of 6 weeks after the date of child birth. But that would be counter productive.
Now if she is valued employee and the cost of replacement is high or retention is necessary she can be allowed to bring her child to work with the space provided by the company and she be allowed 2-4, 15 mins nursing break.
Trust me you should set up a small area where the baby can be kept in a cot and is secure(quite).
This will go a long way in sending right signals to other women in the organisation and be a OD initiative.
Giving her extra leave will not solve the issue as she can only ask some one to look after her baby when she is gone for max 2-3 months considering she can find some one. In the meantime she can either quit or look for another job.
In the end the function and company would loose where as the cost would be nothing.
From India, Mumbai
She can be treated as LWP post 1 month after the end of 6 weeks after the date of child birth. But that would be counter productive.
Now if she is valued employee and the cost of replacement is high or retention is necessary she can be allowed to bring her child to work with the space provided by the company and she be allowed 2-4, 15 mins nursing break.
Trust me you should set up a small area where the baby can be kept in a cot and is secure(quite).
This will go a long way in sending right signals to other women in the organisation and be a OD initiative.
Giving her extra leave will not solve the issue as she can only ask some one to look after her baby when she is gone for max 2-3 months considering she can find some one. In the meantime she can either quit or look for another job.
In the end the function and company would loose where as the cost would be nothing.
From India, Mumbai
Hi there,
In her case after completion of her maternity leave she can take her annual leave, after that she is required to come back to work. Since she took maternity leave she had enough time to arrange for the baby to be taken care of once the leave ends so she got like more than 45 days to plan her return plus up to 30 days annual leave extension so sorry there is no excuse for not coming back to work.. If she does not return to work she can either take leave without pay or terminate her employment to take care of her baby.
On the other hand, in Europe they have arrangements for employees to work from home if she is dispensable. But then again u need approved rules for it.
Regards
From Oman, Muscat
In her case after completion of her maternity leave she can take her annual leave, after that she is required to come back to work. Since she took maternity leave she had enough time to arrange for the baby to be taken care of once the leave ends so she got like more than 45 days to plan her return plus up to 30 days annual leave extension so sorry there is no excuse for not coming back to work.. If she does not return to work she can either take leave without pay or terminate her employment to take care of her baby.
On the other hand, in Europe they have arrangements for employees to work from home if she is dispensable. But then again u need approved rules for it.
Regards
From Oman, Muscat
What kinds of leave she has at her credit right now, which she is otherwisde eligible to avail had she not gone on maternity leave?
From India, Delhi
From India, Delhi
Subject - Re: Extension of Maternity leave???
i guess providing extension over the maternity leave will propagate wrong culture in the company.As taking care of baby in initial few months has always been a problem or area of concern for many employees. And if this case is allowed to extend her maternity leave, definitely others will also apply for same or on some other grounds for the same. The possible solutions can be:
1. leave without pay.
2. can apply for those other kind of leaves which still are in her pocket.
3. can take baby at work place.
4. can be allowed to take some assignments to home. so that she could work from home
minal maheshwari
HR student
From India, Pune
i guess providing extension over the maternity leave will propagate wrong culture in the company.As taking care of baby in initial few months has always been a problem or area of concern for many employees. And if this case is allowed to extend her maternity leave, definitely others will also apply for same or on some other grounds for the same. The possible solutions can be:
1. leave without pay.
2. can apply for those other kind of leaves which still are in her pocket.
3. can take baby at work place.
4. can be allowed to take some assignments to home. so that she could work from home
minal maheshwari
HR student
From India, Pune
Dear All,
It is important for the mother to care for the child. Companies should be flexible in granting leave without pay. Incase the positions which need the employee the management must arrange replacement well in advance so that it does not affect the business.
Pierson David
From India, Pune
It is important for the mother to care for the child. Companies should be flexible in granting leave without pay. Incase the positions which need the employee the management must arrange replacement well in advance so that it does not affect the business.
Pierson David
From India, Pune
As per the Maternity Act,1961, an employee may be allowed 6 wks of leave before the confinement and 6 wks after the confinement. Sick benefit leave may be availed after the completion of above said 12 weeks of leave, if certified correct by the approved medical authorities. Otherwise, if an employee is availing leave after the eligible leave of 12 weeks, the leave availed would be considered as leave under loss of pay until and unless she has the leave credit in her leave account.
From India, Madras
From India, Madras
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf