Umakanthan53
Labour Law & Hr Consultant
Vrgajjar
Manager, Human Resources
Your Friend
Hr Executive

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Hi HRs,
I need your opinion on below case.
One of our employee asking to take 2 months LOP (March and April) before eligible maternity start date as per Maternity Act (Amendment) 2017. We don't have any objection to approve the Maternity Period as per Government Act which is allowed to take 8 weeks prior to delivery and 18 weeks after the delivery, where in she asked to start before 16 weeks and around 26 weeks after the delivery.
Can anyone suggest me, what we can do in this case. Since we only can allow the period required as per Maternity Benefit Act, but not prior to the effective start date as per policy, which is 8 weeks.
Please advise me.

From India, Ahmadabad
Maternity is a critical phase in a woman's life and the health issues associated with pregnancy are varied and unpredictable. Therefore, when she demands additional leave that too on LOP, I think that the employer consider and sanction it on humanitarian basis.
From India, Salem
Sir, I agrees to provides the leaves on Humanitarian basis. However, the company has provided support to the employees, but couple of employees are always going to take disadvantage of soft corner of management. Hence, would like to understand, what action company can take if such member are continuously taking sick leaves for half day or full day.
From India, Ahmadabad
See everyone's case if different. Its ok if pregnant employee is taking half / full day sick leave,as far as its not affecting your company work.
In this case you should try to understand what is employee going through and why she is asking for 2 months LOP. You can ask for doctor certificate (if you wish) and basis on that you can approve LOP.

From India, Pune
Dear friend,
Needless to dwell much on the various types of sickness frequented by a pregnant woman at different stages of pregnancy.
Just the necessity to avail frequent leave in between work and the inevitable inconvenience caused to the work might be an embarrassment compelling the lady to ask for early leave on LOP.
I can understand your concern about the alleged misuse of leave provisions by some employees on frequent, flimsy and fake grounds. Therefore, it is an issue to be decided by the immediate superiors on case to case basis by means of close monitoring only.

From India, Salem
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