We need little more clarity on your post. Please confirm what is her Date of Joining (DOJ) and what is her expected delivery date?
To become eligible to avail of maternity leave, as per the maternity benefit act, a woman employee must complete 80 days of continuous service.
From India, Bangalore
I think you want to ask that out of six months your colleague only took 5 months leave. first of all why did you let her join before her leave completion. Please understand 26 weeks leave is mentioned in the act. you should have tell her to take rest for 1 more month. now, the answer to your question, she joined her duties before one month that means she had attended office for which you are going to pay her salary. now you tell me that if you are paying her salary then where does the question of maternity leave benefit rises as she is actually not on leave.
From India, Pune
Has the Employee submitted Medical Certificate before resuming duty.As an Employer you are well aware that Employee in question is under Maternity leave? Please put proper systems in place to avoid recurrence of such things.You have to pay 1 Month Salary for the work performed together with 1 Month Maternity benefit/Salary
From India, New Delhi
Have you or your office asked the concernend to join early? If no, then there is nothing to worry. You take an application with medical reports from the concerned that she joined her job wilfully. The leave under MB Act is up to 26 weeks. So you are liable to pay the period of leave enjoyed by the employee.
From India, Mumbai