[email protected]
Finance Manager
Srinath Sai Ram
Hr Manager
Ashutosh Thakre
Hr Professional
Riteshmaity
Labour Law Advocate
Rajithasri
Hr Executive

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Anonymous
Hi,

My query is regarding the Maternity related leave options.

Due to high stressful environment and harassment from management, I developed health issues and my baby had some problems during my last trimester and have to avail all my PL and took ML leave one month in advance.

Neither my manager nor HR recommended to opt for leave due to illness related to pregnancy which is typically a month leave with pay.

I delivered my baby in Jan and my ML got exhausted by Feb. If i had availed ML after delivery I would still be eligible for extension.

Since I went on leave in short notice( which was not in my hands) my manager got irritated and indirectly gave a bad rating and didn't gave any bonus or monetary giving a vague reason that I didn't complete the tasks as planned.

So I am currently deprived of all monetary benefits and manager is not agreeing to give me leave extension though the baby is 10 weeks old.

My question is

1. Can I ask my employer to convert my early maternity leave to illness during pregnancy with relevant proofs?

2.Is there a way I can request my employer to grant me additional 3 months leave with pay?

Kindly advise

Regards,

vid

From India, Bengaluru
Since you delivered baby in Jan 2017, you will be entitled to maternity leave of 12 weeks (i.e. 12 weeks paid leave) as per the old Act.
Six weeks leave max before pre-pregnancy and the rest six weeks during post pregnancy.
Please give the factual details for better advice.
1. Whether maternity benefit Act is applicable to your organization? What is the strength of employees?
2. Your salary? Whether you are covered under ESI Act?
3. Date on which you intimated about your pregnancy to the company?
4. Date of delivery of baby?
5. Period of maternity leave.
6. Any other information you want to share?

From India, Kolkata
The maternity leave that was applicable to you was of 12 weeks, if you have consumed the same before hand, then there is not much the company can do about it. Also, the one month leave that you are speaking about, is after the expiry of the maternity leave. This is not mandatory, but given on advise of the doctor, taking your health in consideration.
And as there is only 6 weeks after the delivery + 4 weeks leave, which equals 10 weeks... You can only request for an extension of 3 more months... There is no law that the company has to agree for the same.

From India, Mumbai
Respected Madam,
Do you have Medical Certificate in support of your statement that due to high stressful environment and harassment from management you developed health issues ? The same should have been sent to Employer immediately.
As per the Act, a Woman suffering from illness arising out of delivery shall on production of a Certificate in "Form-B" be entitled, in addition to the period of absence(in your case 12 Weeks) allowed to her on account of maternity eligible for leave with Wages for a maximum Period of 1 Month.
Please Clarify " didn't gave any bonus or monetary giving a vague reason that I didn't complete the tasks as planned."
What Bonus & Monetary benefits have not been given to you?

From India, New Delhi
Dear Madam, Now the new amendment for maternity leaves have come with 26 weeks that is 6 months of leave.Hence you can avail that.
From India, Anantapur
Dear Rajithasri Please do not give wrong information when you have not read the post properly, the baby was born in the month of January 2017, how come the new amendment will be applicable
From India, Ahmadabad
Dear Mam
As rightly replied by Ashutosh & Srinath, the Maternity leave applicable to you is 12 weeks (6 weeks before expected date of delivery and 6 weeks post delivery), in your case the baby was born in Jan and the ML got exhausted in Feb and 4 weeks can be extended for any illness arising out of delivery which means post delivery the maximum leave you can avail is 6 weeks plus 4 weeks i.e. 10 weeks which has been completed as per your post wherein it is mentioned that the baby is 10 weeks old now.
With regards to your query please find below my view
1. Can I ask my employer to convert my early maternity leave to illness during pregnancy with relevant proofs?
No it is not possible because extension of ML is post delivery and not before hand,
2.Is there a way I can request my employer to grant me additional 3 months leave with pay?
The employer at their will can grant you leave with or without pay but there is no statutory obligation.

From India, Ahmadabad
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