Manojkamble
Sr. Hr Executive
+1 Other

Dear All,

I am formulating leave policy for my organization. Where in i am not clear with the maternity leaves for adoption and commissioning mother and paternity leaves as per new amendment. Please advise on the below points.

For female employees:

• Female employee who have completed 80 working days in last 12 months is eligible for Maternity leave benefits as below.

• For a commissioning mother or a female employee who adopts a child below 3 months of age will be entitled for 12 weeks paid leaves. (which means if employee adopts a child older than 3 months then it is company’s choice to provide leaves or not? Please advise)

• Employees undergoing medical termination of pregnancy under medical advice or miscarriage are entitled to 6 weeks’ maternity leave, at a stretch.

• what is the minimum time gap for availing the aforesaid maternity leave benefits for another child?

For Paternity Leaves:

• Male employees, who have worked for at least 90 days shall be entitled for Paternity leave (non- paid leaves) of a maximum of 7 days (at a stretch) per child, own or by adoption. Paternity Leave should be availed of, within 8 weeks of the birth of the child or adoption. (Please advise)

• The facility of Paternity Leave shall be restricted to two occasions during the total tenure of service. Repeat paternity leave will be admissible only after a minimum gap of 2 years between the completion date of the first leave and the start of the second maternity leave. (Please advise)

Look forward for your response asap.

Regards,

Ruchi
17th May 2017 From India, Gurgaon
You need not cover maternity leave in your leave policy, it already exists as statute.
18th May 2017 From India, Mumbai
Dear Mr. Shrikant,
Thanks for your response. However, we would like to include few main pointer in our policy if not the detailed one. That is why i need to have clarity on the aforementioned details.
It would be really helpful if you could advise me on the same.
Regards,
Ruchi
22nd May 2017 From India, Gurgaon
Dear Ruchi,

May be below given answers will meet your requirement :

For Female :

1. For a commissioning mother or a female employee who adopts a child below 3 months of age will be entitled for 12 weeks paid leaves. (which means if employee adopts a child older than 3 months then it is company’s choice to provide leaves or not? Please advise) - Ans : Yes right if an child is more than 3yrs old then this rule is not applicable for the employee as per new amendment of act.

2. Employees undergoing medical termination of pregnancy under medical advice or miscarriage are entitled to 6 weeks’ maternity leave, at a stretch. - Ans : Yes, Leave is supposed to be at streach without any intervals or break.

3. what is the minimum time gap for availing the aforesaid maternity leave benefits for another child? - No - There is no such specification in the LAW for minimum time gap.

For Paternity leave : There is no such specification in the law but yes you can form as per your company policy and benefits that you want to offer to the employees.
22nd May 2017
Dear Mr. Manoj,
Thank you so much for your response. It is of great help.
However, would like to clarify few things. In point no. 1 you have mentioned: Yes right if an child is more than 3yrs old then this rule is not applicable for the employee as per new amendment of act. Is it 3 months or 3 yrs? please suggest.
Point 3. No - There is no such specification in the LAW for minimum time gap. if this is the case, so can i add below point in our leave policy?
Any sort of repeat Maternity leave will be admissible only after a minimum gap of 2 years between the completion date of the first leave and the start of the second maternity leave.
Look forward for your suggestion.
Regards
Ruchi
23rd May 2017 From India, Gurgaon
Dear Mr. Manoj,
In addition to my above post, please advise on this also.
Is this applicable for commissioning mother and adoption also? The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery.
Look forward for you suggestion.
Regards
Ruchi
23rd May 2017 From India, Gurgaon
Point 1 - Yes it is 3 months and not years.
Points 3 - You need not to mention the time gap if these documents to be published as rules then some one can misuse it for putting allegations on you or company.
In case of adoption or commissioning mother, leaves are applicable for 12 weeks but yes you can always do scrutiny of the same. As you may hardly receive cases for the same.
23rd May 2017
Dear Manoj, Thank you so very much for your helpful advise. Regards, Ruchi
25th May 2017 From India, Gurgaon
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