Long Maternetity Leave Due To Complication? - CiteHR
Tsivasankaran
Consultant
S.Chandrasekar
Hr-manager, Trainer, Writer
Itemptu
Hr Head
D_arun2000
Asst Manager - Hrd
Rukuvijay
Head Human Resources
Gogo
Trainer & Training Coordinator &
Niyati
Admin Incharge
+1 Other

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Dear All HR Seniors,

One of our colleague who is working with us from last 9 years has finding some problem.

She came to know on Nov. 20, 2007 that she is pregnant. Her gaynac. told her to take bed rest atleast for first 3 months as her health condition is not very good. So from the next day she took a leave and informed her boss & also sent an official mail. She has 60 days balance leave with her. But few days back she has got some critical problem so her gaynac suggested her to take a leave atleast for 2 months more. she is very worried. If this happens then she might have to take full 9 months leave. As a HR can we grant such leave obviously these leaves will be LWP.

Can company grant such long leave to our employee? Otherwise she has to give resignation. Also, if company can grant leave to her then what about paid leave of Maternity? Can she claimed the same? Please suggest us. I have gone through the links with the maternity leave but I have not found any good suggestion. Waiting for your suggestion.

Thanks & regards,

Niyati

Hi Niyati,
It varies with companies and policies...but to certain cases policies need to be flexible, incase if an employee who is with the company for the long time and i s facing certain health problems you may have to grant her leave for long period if required (LOP)..but i doubt she can avail maternity leave during this period...

Dear Niyati,
It depends on the leave policy your company has.
But if the employee is high performer and has been with you since a long time and the management wants to help her then she can be given a special approval to avail such a long leave. After all her leaves get exhausted you can put her in LWP.
I would like to reiterate that you need to represent her case before the senior management and get it done.
Regards.
byomjeet mishra

Sorry. I mean after all the leaves are exhausted you can put her in LWP. All the leaves means CL, SL, EL and the Maternity Leave.
Dear Niyati,
Just one question does the employee fall under the ESIC bracket.
If yes then there is no problem.
If no, then the employee is allowed to claim the maternity leave which is generally 84 days and in addition to that she can claim the PL.
Most companies do not allow CL, SL to be clubbed with PL.
This particular employee should apply and exhaust the SL first then the days before pregnancy she should go for leave without pay, then just before delivery she should go on maternity leave and then extend the same with PL. This will at the end help her prove that she is still with the company at the end of the leaves.
Technically & Legally the company cannot terminate the employee if the employee submits a valid medical certificate.
This is from the employees point of view. The company may not take it favorably. The company though can take a temp. replacement for those days or take employee on training or internships etc.
Hope this helps you.
Regards,
Viraj

LEGALLY SUCH LEAVE CANNOT BE CLAIMED HOWEVER TAKING HER LONG SERVICE INTO ACCOUNT THE MANAGEMENT CAN TAKE A DECISION TO GRANT SUCH A LONG LEAVE WITH OUT PAY AFTER SHE EXHAUSTE HER ELIGIBLE LEAVE . BEING IN LOP FOR A LONG PERIOD IS NOT A PROBLEM PROVIDED THE MANAGEMENT VOLUNTARILY PERMIT SUCH LEAVE WITH OUT PAY. HENCE IT IS ONLY THE MANAGEMENTS PRESPECTIVE AND AS HR PEOPLE IT IS OUR ROLE TO CONVINCE THE MANGEMENT AND GET SUCH BENENFITS WHEN A LOYAL EMPLOYEEE IS REALLY IN NEED.
KANNAN

Dear Niyati

Her pregnancy was confirmed on 20th Nov 2007 and let me assume that her pregnancy is two months old then

She has 60 days leave to her credit as of now

This takes care of 2plus 2 months of confinement.

Now we are at the fag end of this year and have you calculated the leave that will accrue to her account for the year 2007? If you have not then you get another 20 to 30 days and this will take care of another one month of confinement.

This will be 2 plus 2 plus 1 month

You can then sanction her spl leave on loss of pay for three months.

This will take you closer to her delivery period,.

Now apply Maternity Leave rules She will be eligible for maternity leave 6 weeks before and six weeks after the delivery.

If you apply this logic, you will be sanctioning herr spl leave on loss of pay only for three months which is not very high considering her long service in the Company. I have not taken into consideration any sick leave that will be applicable to her

Now the question is whether she will require more leave after delivery and what happens if she takes more leave after delivery?

That in my opinion is a Managements decision based on her long, fruitful service to the organisation. If I were in your position I will advise the Management to sanction her leave for three more months and if she recovers, then find a placement for her inside. if she does not come within that period, then you take a decision as deemed fit!

Siva

DEAR,
SORRY I HAVE INCORRECTLY READ YOUR QUESTION AND GAVE THE SUGGESTION. FOR THIS ISSUE IT IS ONLY MANAGEMENTS DECISION TO GRANT SUCH LONG LEAVE TAKING INTO ACCOUNT HER LOYAL SERVICE EVEN THOUGH ONE HAS LEAVE CREDIT IN HIS/HER ACCCOUNT. HERE COMES OUR HR ROLE WHERE WE HAVE TO CORRECTLY REPRESENT HER CASE TO THE MANAGEMENT AND GET HER THE LEAVE SANCTION.PERHAPS WE NEED TO TALK AND CONVINCE HER BOSS SO THAT WE CAN HELP A NEEDY EMPLOYEE. BECAUSE IF THE MANAGEMENT IS POSITIVE TO HELP HER EVEN SHA CN GO ON LOP AFTER EXHUSTING HER ELIGIBLE LEAVE.
KANNAN

Dear Niyati,
This can get more & more complex as many people will have various aspects to bring to your notice which are correct in thier own spheres.
The best thing to do would be to place this concern in front of your senior management team & let them take a call on it.
After all a person who has given 9 good years of her life & loyalty to this organisation needs to be given specific consideration & this could be put down as a one-time courtesy keeping in mind her record.
You could check on her maternity leave aspect & inform her as per the decisions taken by the management.
As I look at it,you could pay her for the months that she can avail of maternity leave & the rest can be LWP.
Regards
Gouri

Thank you , Mr. Viraj, Kannan & Siva.
But our company is updating 2.5 leave every month. So we don't have any kind of CL, SL & PL. So, what can we do. As per mr. siva told me that we can take a leave from starting year 2008. But this will follow the rule we have? I like one thing mr. viraj suggested me that company can not terminate such employee. She is providing medical certificate monthly from her gaynac. but doctor is giving 6 weeks medical certificate. Every time she will give her new medical certificate for new period.
Mr. Viraj she is not coming under ESIC. Our company is giving her only Rs.595/- monthly medical reimbursement.
Thank you once again for your valuable suggestion. I am very glad that on this website HR seniors like you are giving new comers confidence. For this laws which books I have to prefer pls. let me know.
Thanks once again, waiting for your mail.
Niyati


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