Hi All, Is there anyone who can assist me. Are 26 weeks of maternity leave mandatory? Is it possible for a female employee who wants to join the organization before completing 26 weeks? If so, what are the compliance requirements that an organization must comply with?
From India, New Delhi
From India, New Delhi
Hi,
As per the Maternity Benefit Act 26 weeks (182 days) leave with salary is compulsory. If the employee is willing to join early before the completion of 182 days on her own wish , without any compulsion, then she may be allowed to resume back to work. However on safer side collect a letter from that employee that she would like to resume back to work before completion of 182 days on her own wish and not out of compulsion from employer. Also collect medical documents / birth certificate towards proof of delivery.
I hope you have made it clear to the employee she can avail leave till 182 days and there is no hurry or compulsion to join early. As per MB Act even after 182 days in case of medical issues/complications, employee should be allowed to extend leave for additional one month subject to proper medical prescription from the Doctor.
From India, Madras
919As per the Maternity Benefit Act 26 weeks (182 days) leave with salary is compulsory. If the employee is willing to join early before the completion of 182 days on her own wish , without any compulsion, then she may be allowed to resume back to work. However on safer side collect a letter from that employee that she would like to resume back to work before completion of 182 days on her own wish and not out of compulsion from employer. Also collect medical documents / birth certificate towards proof of delivery.
I hope you have made it clear to the employee she can avail leave till 182 days and there is no hurry or compulsion to join early. As per MB Act even after 182 days in case of medical issues/complications, employee should be allowed to extend leave for additional one month subject to proper medical prescription from the Doctor.
From India, Madras
It is mandatory to grant 26 weeks leave. That can include period prior to delivery. But if she is interested to come and join earlier, you should not permit. Why should she come when the leave is paid leave? It may backfire you only. If she is so workaholic why can't she work from home without any official records? Even that can be questioned at a later stage. Remember that just like a privilege given to an employee will become a right in future, a request to cut short a legal leave (that too PAID leave) will become a compulsion on the part of the employer later on. Therefore, I would suggest that let her complete the 26 weeks leave and then come for duty. Please give us an update when her scheduled leave will come to an end. I am sure the energy that she is showing now may not be available then and she may even ask for extension of leave.....!
From India, Kannur
From India, Kannur
Hi,
Added to the above where ever possible advise employee to resume back to work after 182 days.
Explain her that it is her right .
What was the reason for her request for early joining.. whether salary not paid ?
While 1-2 days earlier or one week earlier is ok and not a big deal do not entertain 1 or 2 months early joining.
From India, Madras
Added to the above where ever possible advise employee to resume back to work after 182 days.
Explain her that it is her right .
What was the reason for her request for early joining.. whether salary not paid ?
While 1-2 days earlier or one week earlier is ok and not a big deal do not entertain 1 or 2 months early joining.
From India, Madras
I would like to add that no request to join earlier shall make the employer safe if she changes her mind for any reason and converts it as a letter signed after the pressure from the employer. This is because an employer is not in a position to "allow a woman to work during maternity leave". Section 4 says that no employer shall knowingly employ any woman during 18 weeks immediately following child birth. I have put 18 weeks because 8 weeks shall precede the date of delivery. In any case, you cannot employ a woman during her maternity leave.
From India, Kannur
From India, Kannur
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf