Can My Friend Take Maternity Leave for Adoption After Just 6 Months at Her Job?

Hi All,

Though I have been a member since 2007, I have not posted any query so far and have only been a regular viewer/visitor to this site. One of my friends wants to adopt a child, and the adoption center has advised her to take leave and be with the kid for 3 months. Only after completing this procedure will they give the go-ahead with the legal formalities.

Can anybody help me with whether she can apply for 3 months' leave as maternity leave or any other mode? She has joined the firm only 6 months ago and is working in the managerial cadre.

Thanks,
Geetha

Ma'am,

It is allowed in many industries. Maternity leave for the adoption of a baby of age 3 months is being sanctioned even in government-owned PSU - Life Insurance Corporation in India, provided they have completed their probation period. You can verify with your company.

Adoption leave of 135 days is allowed to female government employees as per the attached circular. However, it seems not to be applicable to the private sector. When employers are not even ready to grant statutory maternity leave as per the Maternity Benefit Act and are trying their level best to terminate pregnant employees, I don't think that all private sector employers will favor it if any decision to implement the same is taken by the government. The same issue arises with extending maternity leave from three months (12 weeks, in fact) to six months. If employers are forced to do so, there may be a situation where employers refuse to give employment to females.

Regards,
Madhu.T.K

Hi Friends,

Just now, I have faced one problem. We are having a contract employee under our payroll working in a state Govt department (autonomous body) and asking for maternity leave for 3 months for her second issue. Can anyone advise me whether, as a Temping Organization, we can grant 3 months leave to that employee and if so, can we sanction her salary and raise the bill to the govt against her or not? Can we have some practice proofs in attachments also? Please kindly suggest...

Regards,

Purna Ch Pradhan

Since she is under your role, the responsibility of granting maternity leave to her lies with you exclusively. Concerning the establishment where she is working, as they do not receive services, they are unable to pay the bills. Whether the department has any provisions to allow any kind of leave to an outsourced employee needs verification with reference to their standing orders.

Regards,
Madhu.T.K

Hi,

Yes, the woman employee is eligible for her maternity leave regardless of her employment status (full-time or contractual) provided she has completed 80 days of regular employment prior to the confinement. Your organization, which pays her, and the organization where she is working need to work on this together. I am sharing this based on my personal experience. Please refer to the Maternity Act 1961 for a broader perspective on the issue.

Regards,
Bips

I want to know whether any woman, at the time of joining, can get maternity leave soon after delivery. One of my friends has been selected as an Executive Engineer in Maharashtra State Distribution Co. Ltd. She is currently pregnant, with her delivery date set for 15/03/2009, and the last date of joining being 20/03/2009. I want to know if she can commence her duties after delivery and be eligible for maternity leave immediately after starting her new position.

In an employment in the Government sector, the maternity leave is regulated by a separate government order in this regard. Please check if the appointment is through the State Public Service Commission.

For establishments to which the Maternity Benefit Act is applicable, a minimum of 80 days of work immediately preceding the date of expected delivery is required to claim Maternity Leave. However, for government departments, the rules are different and may vary from state to state as well. In either case, leave without pay on maternity grounds can be availed.

Regards, Madhu.T.K

Hi,

As per my knowledge, a woman employee has to work for a minimum of 80 days with the company to avail maternity leave. Can anyone explain to me whether these 80 days include Sundays or exclude Sundays/holidays?

Thank you.
Bhavya.

The qualifying days of work of 80 days include all paid holidays, leaves, and days of layoff, if any.

Regards, Madhu T.K

Hi, I want to know the procedure for leave related to adoption. I understand that adoption leave is provided for government companies. However, I would like to know the procedures for adoption leave in a private company, especially if the company is outsourced from abroad, i.e., the company is based abroad, but the employees are working in India. Currently, I am in Mumbai. Please let me know the procedure and also provide a list of companies in Mumbai that offer adoption leave for both female and male employees.

Regards,
[Username]

If the main company is located outside India but you are working in India, then you will be guided by the Indian laws.

I do not think there is any scope of applicability of the Maternity Benefit Act in case of adoption.