Hi All, In our company a female employee asked 1 month leave on medical ground in march 2018 and without approval went on leave. in April again she asked for 8-9 month leave as she mention that she in the process of mother hood. she did not share any medical document that she is expecting a baby or not nothing was mention,
from HR side 2-3 reply send on her mail by Jun 2018 that a private sector company cant allow that much leave and hr asked her to give resignation. but she did not do and gave excuse that she has been working from last 10 years and she deserve that much leave. till the time again she never shared any maternity or medical certificate or document, nor even HR send any letter or notice.
Now in Dec 2018 she shared a document that she bless with baby and kindly give her maternity benefits.Now as per company she is not working and she is not eligble for benefit. Kindly suggest how and on which ground company can denied to pay or avoid this situation because money matter a lot as per new rule of maternity
From India
2from HR side 2-3 reply send on her mail by Jun 2018 that a private sector company cant allow that much leave and hr asked her to give resignation. but she did not do and gave excuse that she has been working from last 10 years and she deserve that much leave. till the time again she never shared any maternity or medical certificate or document, nor even HR send any letter or notice.
Now in Dec 2018 she shared a document that she bless with baby and kindly give her maternity benefits.Now as per company she is not working and she is not eligble for benefit. Kindly suggest how and on which ground company can denied to pay or avoid this situation because money matter a lot as per new rule of maternity
From India
When she applied for leave, you should have categorically refused the leave saying that other than maternity leave no leave could be approved and the maximum maternity leave that can precede the expected date of child birth is eight weeks and, therefore, without any document of expected date of delivery you cannot sanction any leave. Now having worked for 10 years is not giving nay right to an employee to take leave of her wish. That also one cannot start taking leave from the date on which she decides to have a baby. If that is allowed a newly married woman will also go on maternity leave from the date of her marriage saying that I have started planning for a baby and till child birth I will be on maternity leave.
Now coming to the legal side of the issue, I would say that in order to be eligible for maternity leave one should have worked at least for 80 days during 12 months immediately preceding the date of delivery. If her date of child birth is, say 15th December, 2018, then take the number of days worked during the 12 months preceding the date of delivery, ie, from 16th December 2017 to 15th December 2018 and see if she was paid salary for at least 80 days. If she was on leave from March till date, normally she would have received salary for two months only. That will also disqualify her from claiming maternity leave.
From India, Kannur
Now coming to the legal side of the issue, I would say that in order to be eligible for maternity leave one should have worked at least for 80 days during 12 months immediately preceding the date of delivery. If her date of child birth is, say 15th December, 2018, then take the number of days worked during the 12 months preceding the date of delivery, ie, from 16th December 2017 to 15th December 2018 and see if she was paid salary for at least 80 days. If she was on leave from March till date, normally she would have received salary for two months only. That will also disqualify her from claiming maternity leave.
From India, Kannur
It's too long a period to look out for "an action to be taken" I can't imagine how you can wait so long. Ofcourse a pregnant women requires grant of ML, subject to certain conditions.
Strictly speaking without an authentic medical certificate etc. it's difficult to take a decision that too she yet to resume duty. Grant of Maternity leave or any leave on medical grounds cannot be considered seriously (in absentia) for a person literally absconding for (10) months. That too the leave asked for 8-9 months, from April 2018 till now also elapsed. In the absence of relevant records no proper action could be initiated. In the circumstances, issue a written notice (Regd.Post Ack.Due) to her last known address and address as per records, asking to appear and produce all relevant docs failing which she will be treated as 'deserter'). Based on the docs, if she produces any, you may take a view and decide how to proceed further thereafter.
From India, Bangalore
Strictly speaking without an authentic medical certificate etc. it's difficult to take a decision that too she yet to resume duty. Grant of Maternity leave or any leave on medical grounds cannot be considered seriously (in absentia) for a person literally absconding for (10) months. That too the leave asked for 8-9 months, from April 2018 till now also elapsed. In the absence of relevant records no proper action could be initiated. In the circumstances, issue a written notice (Regd.Post Ack.Due) to her last known address and address as per records, asking to appear and produce all relevant docs failing which she will be treated as 'deserter'). Based on the docs, if she produces any, you may take a view and decide how to proceed further thereafter.
From India, Bangalore
Now again it become a practice and i want to stop this , for example now i received a application for long leave , her expected date of deleivery as per medical document is 18th July 2019 and from last 1.5 month she has been working from home,
now she said that she can not work from home and goind her home town and will deliever her baby only there,
in this condition, IS it possible
1. can we refuse to give this much long leaves to her?
2. will she be eligble for maternity benefit or are we bound to pay her 6 months salary as benefit if she fulfill 80 days working preceding condition.
3. IF she took leave without approval what should be the next process & step from HR before 3-6 months before the delivery.
Kindly suggest because now it is become practice and people are misuse this.
From India
now she said that she can not work from home and goind her home town and will deliever her baby only there,
in this condition, IS it possible
1. can we refuse to give this much long leaves to her?
2. will she be eligble for maternity benefit or are we bound to pay her 6 months salary as benefit if she fulfill 80 days working preceding condition.
3. IF she took leave without approval what should be the next process & step from HR before 3-6 months before the delivery.
Kindly suggest because now it is become practice and people are misuse this.
From India
Refuse the leave and ask her to report to duty. If her expected date of delivery is 18th July, she can take maternity leave from may 23rd May only,ie, 8 weeks preceding 18th July. If she absents herself without getting her leave sanctioned, take it as misconduct and initiate disciplinary action. Send a letter showing that she cannot be granted leave and should report immediately, failing which it will be construed that you have abandoned the job. Then terminate her. Why should the employer suffer?
From India, Kannur
From India, Kannur
Hi Gaurav,
I would suggest, before initiating any action ask her to submit relevant forms together with MC in support, either in person or thru' someone authorised. If what leave she applied for is SL preparatory to/combining ML it's different. And check whether she is eligible for so many days of SL. In any case you should ask her to submit MC and see it's for SL or for ML. After this you may take a view as this is a sensitive matter, so you have to ensure compliance in full before taking it forward.
From India, Bangalore
I would suggest, before initiating any action ask her to submit relevant forms together with MC in support, either in person or thru' someone authorised. If what leave she applied for is SL preparatory to/combining ML it's different. And check whether she is eligible for so many days of SL. In any case you should ask her to submit MC and see it's for SL or for ML. After this you may take a view as this is a sensitive matter, so you have to ensure compliance in full before taking it forward.
From India, Bangalore
Dear Mr. kumar & Madhu,
as i said it becomes a practice, without any document they went on leave (without approval )on sudden basis.
what i asked them that report within 3-4 days as its financial year closing they are whole sole handling thier task, even we do not have alternative. After 3 days if they will not return than i will send another letter in which i will mention that if they will not join us asap than it will be consider that they dont want to continue their service and we will terminate or relieve them from their serices
in every mail they mention "initial stage of pregnancy" & "due to motherhood process emergencey "
i am also employee but its clear cut that they just misuse and blackmail us on this issue."Kindly suggest.
From India
as i said it becomes a practice, without any document they went on leave (without approval )on sudden basis.
what i asked them that report within 3-4 days as its financial year closing they are whole sole handling thier task, even we do not have alternative. After 3 days if they will not return than i will send another letter in which i will mention that if they will not join us asap than it will be consider that they dont want to continue their service and we will terminate or relieve them from their serices
in every mail they mention "initial stage of pregnancy" & "due to motherhood process emergencey "
i am also employee but its clear cut that they just misuse and blackmail us on this issue."Kindly suggest.
From India
Pl.check she has any leave at credit. When she applied for the leave, have you sent any reply either approving it or not approving it? If you haven't, immediately send a communication, written by RPAD saying her leave is not approved and she should report immediately with MC.
From India, Bangalore
From India, Bangalore
she have leaves in her account but only SL :6, CL:7, PL:15,
Yes we have already replied their mail that your leaves are not sanctione and report office within 3 days. Today 3 days will be complete. and we will send another mail that if you will not come by monday than it will be consider that you are not interested in continue your job and your services are terminated with same day.
From India
Yes we have already replied their mail that your leaves are not sanctione and report office within 3 days. Today 3 days will be complete. and we will send another mail that if you will not come by monday than it will be consider that you are not interested in continue your job and your services are terminated with same day.
From India
Hi Gaurav,
Yes, you can do that. But before taking it forward won't you mind calling her and finding what exactly her problems and why is that she's not responding appropriately? I think minimum courtesy would call for such an empathetic advance before you proceed appropriately and to avert any embarrassment that might unfold hence, I suggest. Are we not calling on colleagues who are sick and down? like that.
From India, Bangalore
Yes, you can do that. But before taking it forward won't you mind calling her and finding what exactly her problems and why is that she's not responding appropriately? I think minimum courtesy would call for such an empathetic advance before you proceed appropriately and to avert any embarrassment that might unfold hence, I suggest. Are we not calling on colleagues who are sick and down? like that.
From India, Bangalore
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc