Officials, I would like to know the procedure of maternity leave for an employee. I am aware that the organization would provide 6 months of paid leave, but I am yet to confirm on a few things as mentioned below:
- The whole procedure right from the beginning
- When can they apply for the leave?
- What happens if the employee decides to resign from the organization after consuming maternity leave?
- Will the whole salary be paid, or only the basic needs to be paid?
It would be grateful if anyone in our HR community could resolve the above queries. Thank you so much for your response.
From India, Hyderabad
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- The whole procedure right from the beginning
- When can they apply for the leave?
- What happens if the employee decides to resign from the organization after consuming maternity leave?
- Will the whole salary be paid, or only the basic needs to be paid?
It would be grateful if anyone in our HR community could resolve the above queries. Thank you so much for your response.
From India, Hyderabad
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Dear friend,
You are eligible for maternity benefits under the Maternity Benefit Act, 1961, if you have completed 80 days of service in the establishment prior to the expected date of delivery.
Soon after confirming your pregnancy, simply inform your employer formally with a doctor's certificate.
You can avail of maternity leave either as a single stretch of 26 weeks from the actual date of delivery or in two spells comprising not more than 8 weeks before the expected date of delivery and the remaining 18 weeks from the date of delivery, subject to your choice. In either case, you should apply in writing with the necessary medical certificate.
You will be paid your full salary based on the average of the prior 3 months' salary.
Additionally, you are entitled to one more month of paid leave on the grounds of sickness arising out of delivery, supported by proper medical evidence.
Therefore, it is not ethical on your part to resign immediately after availing maternity leave. If resignation becomes necessary due to reasons such as post-natal complications or continued illness of the newborn, it is advisable for you to rejoin and then resign, ensuring compliance with the notice conditions.
From India, Salem
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6108You are eligible for maternity benefits under the Maternity Benefit Act, 1961, if you have completed 80 days of service in the establishment prior to the expected date of delivery.
Soon after confirming your pregnancy, simply inform your employer formally with a doctor's certificate.
You can avail of maternity leave either as a single stretch of 26 weeks from the actual date of delivery or in two spells comprising not more than 8 weeks before the expected date of delivery and the remaining 18 weeks from the date of delivery, subject to your choice. In either case, you should apply in writing with the necessary medical certificate.
You will be paid your full salary based on the average of the prior 3 months' salary.
Additionally, you are entitled to one more month of paid leave on the grounds of sickness arising out of delivery, supported by proper medical evidence.
Therefore, it is not ethical on your part to resign immediately after availing maternity leave. If resignation becomes necessary due to reasons such as post-natal complications or continued illness of the newborn, it is advisable for you to rejoin and then resign, ensuring compliance with the notice conditions.
From India, Salem
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Sir,
In my organization, the employee has availed 6 months of maternity leave. Now, she wants to resign because there is no one to take care of her child and says that she cannot serve the notice period.
We have informed her to pay for the notice period. She says she has no money to pay.
What is the course of action in this case?
From India, Mumbai
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In my organization, the employee has availed 6 months of maternity leave. Now, she wants to resign because there is no one to take care of her child and says that she cannot serve the notice period.
We have informed her to pay for the notice period. She says she has no money to pay.
What is the course of action in this case?
From India, Mumbai
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If she cannot buy out the notice period or cannot serve the notice period as applicable to her, it is not wrong to adjust her notice pay while making her full and final settlement or any other dues payable to her.
From India, Aizawl
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From India, Aizawl
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Sir,
She is covered under ESIC, and hence she is eligible for salary under the ESIC Act.
Her ML has ended yesterday, and she should have resumed today. We need to pay her salary only from today if she had resumed.
From India, Mumbai
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She is covered under ESIC, and hence she is eligible for salary under the ESIC Act.
Her ML has ended yesterday, and she should have resumed today. We need to pay her salary only from today if she had resumed.
From India, Mumbai
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Since payment for maternity leave has been taken care of by the ESI Corporation, if the employee wishes to leave the organization, the rules applicable in normal circumstances would apply. She cannot be allowed to go scot-free, as it would set a bad precedent.
From India, Mumbai
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From India, Mumbai
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ESIC Amendment for increase Maternity Leave.pdf
Maternity Leave Policy - posting.doc