Need your suggestion on maternity act.

1 female employee is tasted a Pregnancy test positive on 1st April 2021 and she is not coming to the office till now (9 August 2021). The company is ready to provide a cab facility nearby her house and the company is also willing to provide maternity benefits as well as mediclaim reimbursement.
As per the Maternity act, 80 days present are required in the past 12 months. on that basis her 80 days present are there.
And she is continuously submitting a doctor's certificate for rest.

now the company wants that she has to resume her work and take maternity leave before 13 weeks of the tentative date of delivery. and even the company can't terminate her now.

in this case, does she eligible for the maternity act? or what other action company can take as she is continuously absent?

From India, Mumbai
Dear member,

If the woman employee has not been reporting for her duties on account of pregnancy since 1 Apr 2021, then your first task could have been the verification of the facts. Has she been submitting certificates issued by the certified gynaecologist? What is the diagnosis? Why she has been advised to take a rest for the last four months? Delivery is a natural process and it is not a disease as such. However, to verify the facts, approach the gynaecologist from the hospital that is near your company, and arrange her medical check-up at the company's expense. Send the official letter to the hospital and write a list of the duties that the employee is required to do. The gynaecologist is expected to certify whether the pregnant employee is fit to do her duties or not. If the gynaecologist provides a medical fitness certificate, then send her an official letter to the pregnant employee to attend the duties immediately.

While the employee may be fit to attend her duties, the problem could be the commutation to the workplace. Under such circumstances, what to do further is your company's call.

If the employee challenges the decision of the company, then we will see what to do further.


Dinesh Divekar

From India, Bangalore

Thanks for sharing your views,

Earlier she informed us, due to covid 19 and traveling issues she is unable to report to work. And she has submitted all the certificates and reports from the gynecologist that we have verified.
her tentative date of delivery is 1st week of December and from September 2021 she is on maternity benefits. so now it's a matter of 20 days. But as you have suggested a medical fitness certificate is a good option.

Thank you

From India, Mumbai
Dear Anjali,

In some other thread, Mr Umakanthan K has suggested approaching the medical board. In the case of your employee, you too can do so. You may click here to refer to his reply.


Dinesh Divekar

From India, Bangalore
Whatever Mr. Divekar or earlier by Mr. Umakanthan have been recommended one must follow those steps to confirm the gravity of the case. But there are few genuine cases where complications are from day 1 after conceiving specially who have earlier miscarriage once/twice. In those cases renowned gynecologist had been recommended for complete rest, restricted movement till delivery. During that situation it is really a problem for the organization to take a call.

I have no idea about specific solutions for this type of cases and decision vary from organization to organization.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions

From India, New Delhi
It is now a matter of only 20 days. Till date you have not exercised any action against her, other than the requests you have made to rejoin duty. I believe that these days have been leave without pay. Then give her 20 days more and also see if she has put in 80 days attendance and decide whether she can really get the benefits of the Act or not. If she has been absent from April and if it continues till child birth, sometimes she may lose the benefits.
From India, Kannur
Respected Madhu T K,

As per consultant said, if she is submitting a doctor certificate, in that case, we can't insist her to rejoin the duty or we can't terminate her on the absconding case.
yes, it is leave without pay. Company will continue to leave without pay for further 20 days and afterwards start the maternity benefits.


From India, Mumbai
It is true that terminating her for absence due to pregnancy is bad in law but you can put the leave under hold saying that she may not qualify for maternity benefits until she qualifies 80 days condition.
From India, Kannur

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