Maternity leave - Can we extend her maternity leave for 3 more months without any certificate? - CiteHR
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Dear All, My colleague is under maternity leave from mid of April 2019 to mid of October 2019. She suppose to report to office from 15th Oct 2019. She has not communicated with any body regarding her leave extension.
Now she is requesting us to extend her leave for another 3 more months. To extend her maternity leave, we are asking her to submit medical certificate from any government hospital. She is not willing to produce.
Can we extend her maternity leave for 3 more months without any certificate. Request you to send what is the procedure for leave extension in Maternity Act.
Kindly advise. Thank you.

Dear Veena,
At the very outset, I would like to highlight that "the maternity benefit" contemplated u/s 5(1) of the MB Act,1961 is 26 weeks of leave of absence from work only. Besides this, the Act provides for leave with wages in case of miscarriage u/s 9 for a period of 6 weeks, in case of tubectomy operation u/s 9-A for a period of 2 weeks and leave for illness arising out of pregnancy, delivery, birth of child, miscarriage, medical termination of pregnancy or tubectomy operation u/s 10 for a further period of one month subject to submission of medical proof.
Therefore, the particular employee already on maternity leave can be granted a further period of one month leave u/s 10 subject to production of medical certificate in this regard.
Regarding the remaining two months of leave requested, it is for the employer to decide. If she produces proper medical certificate, no problem, she can be sanctioned 3 months leave of which one month may be with wages and the two months as LOP.
If you believe in the genuineness of the leave requested based on the requirements like that of looking after the baby, well you can sanction 3 months leave on loss of pay without insisting on any medical proof.

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