John Chiang
Consultant
Marshneil
Human Resources
Kkt
Professional

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:( Hello seniors,
I require your help regarding an urgent query pertaining to maternity leave. I am working as HR person in a software company. One of our employees joined us 03 months back and wants to avail of the maternity leave.
As per maternity act, she has completed 80 days of working, but her expected date of delivery is in August,2007, what would be your advise how to handle this issue.

From India, Pune
Hi there. An employee is eligible for maternity leave if these two factors are fulfilled:
1 - She is a confirmed / permanent employee of the company (meaning she is no longer under probation)
2 - She should have completed at least one year (from the date of joining - not from when she becomes permanent) in the company.
Otherwise it's loss of pay.. or if the leave is unreasonably long and if you have nothing to lose, she can be asked to resign. If she is a really valuable emp, you can make a work-from-home policy. Again, all moves need to be approved by her managers..

From India
Hi, kkt,

I know the law is quite difference from India and Taiwan, as far as our policy is concerned, the following could be your reference. Hope thsi will help something.

Maternity Leaves of Absence

The Company's policy with respect to leaves of absences for maternity reasons and related absence and disability reporting procedures have been undergoing a thorough review time to time and modifications described below are now effective.

There are basically three different types of situations that may occur involving maternity leaves of absence:

1. The most common situation is where the employee requests, is granted and begins her maternity leave of absence before birth occurs.

2. A second situation is where the leave has not yet been requested or has not yet begun but birth occurs. The leave, if the employee wants one, will begin when disability benefits cease.

3. The third and an unusual situation is where the leave has not yet been requested or begun, birth has not occurred, but the employee ceases work claiming she is disabled because of her pregnant condition. If disability benefits are payable, the leave of absence will commence when these benefits terminate. If disability benefits are not payable the leave of absence will commence on the sixth day of continuous illness absence.

The new modified absence and disability reporting procedures for each of these three situations follow:

1. The employee requests, is granted and begins a maternity leave of absence before birth occurs (Situation 1.)

The employee's 1eave of absence request should be received at least three weeks before the last day worked.

Prepare a "Request for Leave of Absence" Form. These forms should be sent to the Departmental HR Representative for forwarding to Payroll Unit at least two weeks before the employee's departure. If the employee has elected to take vacation prior to the leave, also forward an "Advance Notice of Vacation" form.

The Departmental HR Representative will interview the employee and inform her that any applicable payroll deductions for Insurance and Retirement Health Care, Private Health plan, Survivor Benefit or Salary Savings insurance for the duration of the leave will be collected in advance of the leave through payroll deduction by Payroll Unit. The Departmental HR Representative will also furnish the employee with a disability claim form which explains the provisions of the Company's Insurance and Retirement Program (I&R) applicable to maternity leaves of absence. The employee's file should be noted that both or these I&R forms were given to him/her. If the employee has any questions relating to her individual benefits, refer his/her to HR Department.

2. Birth Occurs Before the Maternity Leave of Absence Begins. Usually in this situation the employee has been actively working just before the birth of the child. The leave of absence has not begun or perhaps not yet been requested.

Prepare form immediately. Inasmuch as this is an absence due to a maternity related disability, enter the words "Maternity Related" in the Remarks area on the form. Also provide the additional information asked for in the area headed "Complete the following for illness Absence Disability".

Due to the possible extended length of disability absence prior to the employee's transfer to Maternity Leave of Absence, immediately complete a Transfer Recommendation Form transferring the employee to Temporary Disability Benefits. The eighth calendar day of absence is the effective date of the employee's transfer to Temporary Disability Benefits.

Send both of the above forms together to Payroll Unit through the Departmental HR Representative.

Regards,

John

From China, Shanghai
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