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Hello all,
This is to discuss a special case.An employee who has 7 Years of experiance in our organization,is expecting . Due to illness arising from pregnancy,she started her leave from september 2012.So far she has not returned.Her expected date of delivery is in June 2013.
As per company policies,Maternity leave is for 6 months - 3 months paid and 3 months unpaid.We usually allow employees to start their maternity leave when they want ; i.e we dont enforce 6 weeks before and 6 weeks after pregnany restriction rule strictly to make the policy more employee friendly.
Now the employee has already completed 6 months leave.So can we ask her to resign and rejoin after pregnancy ? In this case will she be eligible for maternity benefit ? She has attained the 80 day eligibility limit as she was regular between June 2012 and Aug 2012.and she came few days inbetween intermittantly.
please help..

Apart from the maternity leave, she must be having earned leave. If your employer is kind enough to sanction her further leave, it is well and good. Never advise your management for separation, it is very easy. As per your message it is very clear that employee is absenting with Valid Reason. Lets not be inhuman. If work can be cleared without her presence, let her enjoy as she has put up 7 years of service with the company. If required, you can engage a person on temporary basis, if work is suffering.
Further to above, employees can be considered to go on leave without pay also. Need not demand for resignation and rejoining again.
Regards==S Rao


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Not finding anything as per legislation to support this employee.
However if the employee has a good track record and management is kind enough to give her some more break, HR could pass a new leave policy - sabbatical as a special case. Let employee go on sabbatical for some more months and rejoin at a later date. HR may need to find a replacement, immediately

Than you for the prompt reply.I have few clarifications.Do we need to pay her the maternity benefits ? I understand it is a valid reason for absenteeism but being a cash strapped SMB, we cannot afford to be magnanimous in such cases .She has exhausted all her leaves.Earlier there was a case were we had asked another employee to resign and rejoin in similar circumstances.But she was a new recruit and had barely 1 year experiance. this happened before i joined the to maintain fairness i thought we need to ask the same in current case also. If we are asking employee mentioned in the case to Resign and rejoin,Her gratuity account needs to be closed and she will become eligible for gratuity only 5 years after rejoining right ?
Than you for the prompt reply.Do we need to pay her the maternity benefits ? Employee has a good track record.As you mentioned,i will disscuss with management if sabbatical policy will be feasible.If we are asking employee mentioned in the case to Resign and rejoin,Her gratuity account needs to be closed and she will become eligible for gratuity only 5 years after rejoining right ?
Based on the given facts I suggest to allow her 3 months paid ML from the date of delivery and treat the rest of her absence against the 3 manths unpaid ML or loss of pay leave or other leaves she is entitled.
Varghese Mathew

I am surprised. how can anyone start leave from sep’12 and expected delivery date is june’13! There may be some typing mistake.
But sir,she has already finished allowed 6 months.This is why we were keen in asking her to resign and rejoin.
What are you gaining by asking her to resign and rejoin except giving an unethical and arbitrary message to other women employees that whoever takes mare ML will be treated like that.
Varghese Mathew

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