What if employee asking to start early maternity leaves - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Vrgajjar
Manager Human Resource

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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.

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.
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.
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