Legal Steps for Handling Extended Maternity Leave: What Are Your Options?

Hi,

Can anyone let me know the law and under which section a company can take action against an employee who extends maternity leave and has not rejoined the company?

Thanks,
Ashu

Dear Ashu,

Are you inquiring about the law or instructing the community to raise awareness about the law? Please be mindful of your choice of words. All terms of appointment and required actions are regulated by the certified standing orders of the company.

Dear Ashu,

As per the Maternity Act, we can't terminate her services. If she wants to extend leave further, she has to produce evidence of a medical certificate. After that, she can apply for Privilege Leave and not sick leave.

Manoj S. Kharde

Under the Maternity Benefit Act, 1961, a woman suffering from an illness arising out of pregnancy or delivery shall, on the production of such proof, be entitled to leave with wages at the rate of maternity benefit for a maximum period of one month in addition to the period of absence allowed to her. Therefore, if you provide a medical certificate from a gynecologist/physician supported by a lab report (only for illnesses arising out of pregnancy such as anemia, episiotomy wound infection, LSCS wound infection, etc.), you can obtain an extension of one month.

Dr. Sanjay Rana
Occupational Health Physician

Dear Ashu,

Maternity leave is a benefit given by the organization to the employee and regulated by the government as a law which is to be followed. As an HR professional, please prioritize humanity. The HR role is not that of a butcher, cutting down people for the whims and fancies of management. Focus more on people orientation and their strengths.

Thank you, Dr. Sanjay, for the explanation. I hope you understand.

Roopa

Point No. 1: There is nothing unclear or wrong on the part of Ashu's question regarding any employee extending her ML. It is very clear and transparent that he has asked under which law can the company take action against an erring employee for not reporting for duty even after availing the ML and benefits.

Point No. 2: Replying to Roopa's statement, HR's job is not that of a butcher. While few may have such views, many HR professionals in large employee-sensitive organizations have to act with much restraint, not affording to lose valuable manpower. The replacement of desired, qualified, and quality manpower is a precious commodity nowadays in our country, even though we claim that unemployment is looming on the higher side. Quality manpower is difficult to acquire at the right time, as we are currently facing.

Point No. 3: There are few employees who willfully cite cooked-up reasons for extending the ML. In my organization, an employee had exhausted all her PL prior to going on ML, and she availed ML. On the day of reporting back after 90 days on ML, she submitted her resignation. She is not an ordinary laborer but a qualified faculty member teaching graduate courses. She has given very flimsy reasons for resignation. We could never afford to lose her.

So, we need to weigh both pros and cons, evaluate the situation, and act accordingly. HR is definitely not a butcher's clan.

Sridhar N

Dear All,

This is in addition to all the considered opinions. Let us examine the issue threadbare.

a) The employee has continued on maternity leave - for how long? When discussing the legalities, the time gap from the original and extended maternity periods has been differently interpreted by different high courts. If the employee has a valid medical reason for not reporting for duties immediately after the ML, taking disciplinary action is ruled out.

b) The fact that she remains absent after the expiry of ML is not a justification to take action unless she has committed any acts that amount to gross misconduct.

c) If the person has remained absent on grounds of ML and is working elsewhere during the same period for remuneration, then you can initiate direct actions.

d) However, if there is no valid medical reason (with a document), then the general procedure of asking for reporting to duty followed by a show cause and further processes will follow.

Kind regards,

Dayanand L. Guddin

Dear Ashu,

Can anyone let me know the law under which section a company can take action against an employee who extends maternity leave and has not rejoined the company?

Thanks,
Ashu

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Dear Friend,

I hope you have carefully read the viewpoints of the members.

Please control your urge to take action against employees, especially female employees and young mothers who have taken maternity leave.

If she has paid leave (PL)/earned leave (EL) to her credit, she can avail it during this period.

If she has no PL/EL, then she can be on leave without pay. In that case, you are not paying her anything, so why harbor such negative feelings?

If the work is suffering, consider hiring a temporary or substitute worker. Or does your company operate on such a shoestring budget that you can't afford it?

Are you aware that even if she rejoins, she is entitled to two short breaks every day to feed the young child until the child is one year old?

Do you know that she is entitled to extend her leave to one year as Child Care Leave?

Please do not act like a heartless Shylock ready for a pound of flesh. It is individuals with such sentiments that tarnish the reputation of this profession.

Pardon me if I am wrong, but based on your query, I am certain that you do not have the necessary HR qualifications. Kindly obtain the required credentials.

Best regards

I have read the message and the reply with interest. Instead of replying to such messages with answers, I feel that we should probe the blogger and get as much information about the situation before giving answers based on our understanding of the question.

Have a nice day,
Simhan

I would agree with Simhan to stop being judgmental about the person raising the query and instead, focus more on probing and getting the complete facts before sharing our point of view. Harsh replies to individuals requesting clarifications could douse their urge and courage to ask questions. Remember, as an HR community, our focus should be on helping others in our profession develop the requisite knowledge and learning orientation. Those who are seniors among us have a responsibility to coach and mentor the juniors, and we would be straying away from that objective if we were to discourage the juniors from asking questions, no matter how superficial their questions may seem at first impression. Let all the seniors among us remember that there was a time when we shared the same curiosity and half-baked knowledge, and in fact, still do, at the same early stage of our professional growth. I would request everyone to stop being personally critical of those who are raising queries and those who are answering them.

Thanks.