Tackling Maternity Leave Misuse: How Can We Address This Sensitive Workplace Issue?

Hi all,

I need a solution to a very sensitive issue. There has been an increasing trend in my organization where female employees are misusing maternity benefits to take more leaves. I will cite one example (there are several others): a young employee had already taken too many leaves, and when we informed her that she could not have more, she provided a medical report a few days later claiming she was pregnant (which she was not). Later, after the leave was granted, she presented another report a month later stating she had a miscarriage.

Despite some of us knowing that she was dishonest, we are unable to take any action as no employee can be refused maternity leave, and we lack evidence to prove wrongdoing. Moreover, there are other employees who have taken this leave multiple times.

Please suggest what can be done to prevent excessive maternity leave requests and stop their misuse.

Regards,
Sonal

Hi, I am an HR student. Maybe my suggestion can help you. According to me, you can make an agreement with doctors (maternity home) and send your employees (claiming maternity leave) for tests to these doctors. Also, ensure to obtain a valid report from these doctors.

Dear Sonal,

Maternity leave should be provided for twelve weeks, with an additional month for illness occurring during this period. An employee can choose to take the twelve-week leave either before or after the pregnancy, or split it into six weeks before and six weeks after pregnancy. In such cases, it becomes easier to ascertain if a woman is pregnant as early as the seventh month. If you suspect someone of dishonesty in taking leave, you can request a medical report from a reputable hospital, as they are unlikely to issue fake certificates. Additionally, you can ask them to submit receipts for any medications taken during pregnancy.

Another approach is to implement a maternity leave policy that limits the entitlement to a maximum of two instances. This would mean that employees can only avail the benefits for up to two pregnancies, and not more than that.

Thank you.

You can only cross-check, but dear, is it possible somebody tells you false information about her pregnancy? I don't think so.

I think you need to modify your policy. Maternity Leaves need to be taken at the time of delivery only (i.e., 8th month onwards) unless the case is not very complicated. With this term, they can't show fake reports.

Umesh

But Nisha, the employee is showing fake reports. The only thing you can do is send that employee to the "preferred" (by you) doctor and do a cross-check.

Ya, that can also be done, but it can be made easier by limiting the maternity policy so that this type of fraudulent activity can be avoided.

Include a few clauses in the maternity leave policy of your company:

1) An employee will be eligible to avail of maternity leave if she has completed a period of 1 year with the company at the time of delivery.

2) An employee will be allowed to avail of maternity leave twice during her tenure with the company.

3) Maternity leave, once taken, will not be granted the next time until a period of 2 years has passed.

4) An employee will be entitled to 4 weeks of maternity leave either at the beginning of the 9th month or after delivery.

5) Management has the discretion to refuse any such leave requests.

6) A proper medical certificate, along with a pregnancy confirmation test from a recognized diagnostic lab, should be attached to the leave application form for approval.

I do not believe that after the implementation of such a policy, any employee will misuse or violate it.

All the best.

It's simple. Considering this case, please send your company doctor or HR person to the doctor whose certificate is attached for medical leave. They can advise the concerned doctor regarding issuing the false certificate and its consequences. In this case, if proved, the doctor's practices will be in question by government authorities.

Hi,

If she had a miscarriage, then it must have happened in the hospital. One thing you can do is ask the employees to submit copies of details such as hospital charges, prescriptions, reports, etc. Then, have them checked and verified.

Regards,
Arpu

Sonal:

I have seen your query and understood the situation. After going through the responses from the fraternity, I thought to add a few more points to make it a little clearer.

Maternity leave can be availed 4 weeks prior to the delivery. As per the law, one can avail 5 months of maternity leave based on the conditions, for which the employee should submit the required documents. Maternity leave cannot be taken in 2-3 shifts; it should be continuous.

As Samia rightly pointed out, you need to have a policy document that addresses maternity leave and ensure it is clearly communicated to employees to prevent misuse. Particularly in this case, if an employee claims to have had an abortion, it is evident that she should provide medical reports along with the admission and discharge summary.

In the end, you can directly speak to the doctor who issued the certificate and discuss the consequences.

I hope this clarifies things.

Thanks,
Mirza

An organization should have a panel of approved doctors. Certification from such doctors can be obtained in these cases. Policies should be formulated, but while formulating such policies, one has to be careful about the fact that rules of any company cannot be above the laws of that country.

Hi Sonal,

There is always a possibility of complications during pregnancy; hence, employees may need leave due to genuine reasons. I do not recommend changing the policy due to one exception. I have been concerned about HR losing its human face and being more administrative than facilitative.

The employee is known to have a poor leave record, and this, coupled with the misrepresentation of facts, calls for counseling. There could be some concerns that efficient HR can certainly help to resolve, and this will be appreciated by all.

It is possible to verify the facts presented by the employee from the doctor who issued the certificates. You may also ensure that employees consult empanelled doctors, which is known to be an employee-friendly policy.

Dear Sonal,

What you can do is have the employee examined by a doctor from your side. In fact, you can make this a mandatory practice that employees need to be checked by the company doctor before leave is granted.

Well, there could be two things for all such cases:

- Try to push for a test and check-up by the company's prescribed clinic or doctor. You can connect with a doctor and get the medical examination done in all such cases on the company's behalf before approving a leave. Make it mandatory to get the check-up done by the same doctor for maternity leave.

- Then ensure that in any case where the leave is not justified, make it Leave Without Pay on medical grounds. Do not pay until the person gets the certificate again from the company's prescribed doctor.

If you circulate this, such issues would certainly be eliminated.

Dear All,

I want to add a few other points:

a) The medical leave policy in the Standing Orders of the Company should be at the discretion of management. If anybody is going on maternity leave, it should be examined by the panel doctors of the Company to ensure that no one misuses this policy.

b) As far as my knowledge is concerned, you cannot limit maternity leave to only two cases.

Thanks,
Shish Uniyal

As an HR student, I believe there could be a possible solution from the following options:

1. Involve someone who is her peer/colleague/friend in the same office, who can provide updates. If the information is proven to be false, both she and the person involved will face consequences.
2. Consult with an authorized doctor.
3. Strengthen your company's policies.

Please ensure proper paragraph formatting.

Ok, coming to the maternity leave issue.

I will let you know how it works in Tamil Nadu government offices. Maternity leave can be applied just twice in a whole employment period (lifetime) by a female (2-child government norm). Maternity leave is for around 3 months. The concept of maternity leave is that leave should be taken at least 1 month before child birth, i.e., in the 8th month of pregnancy, and 1 month after childbirth, totaling 3 months. Nowhere have I heard that when a female becomes pregnant, she can take maternity leave. And nowhere, in any company, does the maternity leave policy state that when a female employee becomes pregnant, she is eligible for leave. Instead, everything applies during the childbirth period. Change your company policy or notify everybody what maternity leave means.

Hi Sonal!

The only way you can challenge this is by sending them to your company doctor for examination and verification of the reports submitted. If the company doctor verifies it to be true, then you cannot do anything. That seems to be the only way you can filter. But please, Sonal, ensure that in this process, you do not get harsh with innocent people who are actually in need of this leave. We in HR need to be empathetic to people's genuine personal needs.

Regards, Jyotsna.

Dear Sonal,

This is really a nasty thing and I can understand your situation being HR. The best thing is to amend your maternity policy and appoint a lady doctor (preferably) as a consultant. Pay her on a case-by-case basis so that there is no extra overhead to the company. Once an employee submits any report of such kind from their physician, then to avail maternity policy benefits, you can ask them to visit this doctor. This will make your job easier.

Regards, Mona

Such cases, if occurring frequently, can be referred to your company's medical board (if one exists) or to Government Medical colleges for confirmation.

I am really surprised that how can you say that they are coming up with the Certificates of Maternity. Firstly, Maternity cannot be granted in the initial days of conception. Maternity leaves can only be claimed either 6 weeks before the delivery and 6 weeks after the delivery as per the rule.

Now, leaves related to abortion. If you have any doubts, does your organization have some tie-up with some hospitals or doctors? If yes, kindly ask the lady to visit the company-provided doctor or hospital and get the same vetted from her. Otherwise, make an inquiry into the incident and contact and consult the doctor from where she has produced the certificate.

Hope it clarifies.

Normally, pregnant women will undergo a scan test if they experience symptoms initially. If an employee requests maternity leave, you must ask for a medical report. Otherwise, cross-check with their husband, friends, or relatives only. You can also request a medical certificate (scan report) that is attested by a doctor.

Hi Sonal,

Let's be specific in this case of this naughty lady...

1. Define a panel of some reputed hospitals/doctors enlisted by your organization.
2. Limit the number of occasions to a maximum of two.
3. Six to eight weeks prior to the DOD and the rest post DOD are normally granted. This is the time even a layman can point out whether a lady is pregnant or not.
4. You can also gain the lady's trust through counseling and make her believe that these kinds of activities are damaging her reputation and could lead to further consequences. Motivate her to the extent that she changes her attitude. I am confident that she is simply misinformed and can be guided back on track with the right counseling. Additionally, publicly praise her in the presence of her colleagues, but provide constructive criticism (if necessary) when no one is around. You will witness a positive change. Ultimately, it's about how we nurture our employees. Nobody is inherently bad.

I expect you to provide me with feedback, if possible.

Hi Sonal,

If an employee is supposedly pregnant, wouldn't her stomach be a bit big? I mean, if she is a slim person claiming to be pregnant, you would know that she is lying. On the other hand, if she is a bit healthier (bigger) person and claims to have had a miscarriage, her stomach would have gone in. These are things that you should be looking at. Additionally, when an employee applies for benefits, she should provide proof from a gynecologist regarding her expected due date.

Hi Sonal,

Thank you for initiating a very good case study. This has certainly prompted most of the members to think and respond.

I also agree with most of them on seeking a second opinion on the reports submitted. If the person is falsifying information, then appropriate disciplinary action should be taken. This will set a precedent and prevent being deceived.

It is important to have a policy in place to prevent this from happening again.
I hope this clarifies.

Regards,
K.S. Chakradhar Reddy

Dear Sonal,

Maternity benefits include paid leave for a total period of 12 weeks, which can be adjusted and taken by the employee before or after the delivery as per her medical condition. If a female employee presents health-related reasons, we can be sympathetic and considerate. However, if this behavior becomes habitual and continuous, the organization can make a decision in accordance with its Standing Orders or any other written policy.

Surely, no woman can fake pregnancy to avail maternity benefits. But some overly clever employees interpret the law differently, as in the case of one employee in my organization who claimed maternity benefits as a matter of right. This employee was not pregnant but had asked her sister to be a surrogate mother for their child. Even though the employee on our payroll was not pregnant, she claimed Maternity Leave for 12 weeks with pay since their child was going to be delivered through her sister.

We cannot grant her request, but we did provide her leave on L.O.P.

Sridhar N

If you suspect a female employee of providing a "false/fake" medical certificate, obtain the certificate and refer the employee to the company's authorized doctor for a medical examination. To address this situation, you should revise the employment agreement to state that "any medical case requires certification from the company-appointed medical doctor, which shall be final." Implementing this change should help resolve the issue to a great extent.

I suggest that you include in your policy that you will have to produce evidence of pregnancy such as a scan or a lab report as proof before you can claim leave for illness related to pregnancy. In this case, it is not maternity leave because that can only be taken in the advanced stages of pregnancy.

Hi all,

Thank you for your valuable inputs. Some of you pointed out that how can one fake pregnancy as the physical condition would definitely reveal it, and maternity leave cannot be availed right in the beginning. True. Let me clarify that I am not talking about all the employees but some. Also, I'd like to point out that some of these employees are working from home.

Regards,
Sonal

Hi,

I agree with what Prathem said. Before approving an employee's leave on maternity grounds, she should be asked to get herself checked by a doctor authorized by your company.

Best Regards & Feel Safe,
Anita Sharma

Maternity benefit is applicable only at 6 weeks before delivery and 6 weeks after delivery. So, you should modify your policy in this way to effectively manage the employee.

Hi Sonal,

This is a very interesting case provided by you. As per the “THE MATERNITY BENEFIT ACT” an employee can claim for the leave in the case of “miscarriage or leave for illness arising out of pregnancy”. Please refer the section under the act below mentioned.

[9. Leave for miscarriage, etc.-In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy].

3[9A. Leave with wages for tubectomy operation.-In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation].

10. Leave for illness arising out of pregnancy, delivery, premature birth of child, 4[miscarriage, medical termination of pregnancy or tubectomy operation].-A woman suffering from illness arising out of pregnancy, delivery; premature birth of child 4 [ miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

Now the second question, whether the certificate is true or not. In this case you can get this verified by any of the “Gynecologist” (preferably from Govt. Hospital).

Please feel free to contact under sign for any further clarification / assistance.

Thanks & Regards
Kumar Gourav

Hi,

I want to tell you one thing that anyone can avail maternity leave in the 8th month. If someone is in their 8th month and suffering, you can come to know this fact that she is pregnant or not.

Another way is to check her medical reports and medicine receipts from the beginning. These are the only ways.

Thanks and regards,
Suman

First and foremost, you need to come up with a more precise policy on maternity leave, as well as a company-approved list of certified hospitals/clinics where staff members should get their reports from. This is how most global organizations handle this issue.

Flora
HR Specialist

I have gone through suggestions and comments made by HRs on the misuse of Maternity Benefits. As suggested by many, you can have a policy that describes how and on what grounds the maternity benefits, including benefits in the case of miscarriage, are going to be paid.

Do you think that any policy which is against the Maternity Benefit Act, a Central Act that provides for maternity benefits to women employed, will be maintainable? No, even if you make such restrictions in your standing orders, the same is not going to be certified by the competent authority. (Let me add that orders in the Standing Orders of the company will become binding to the employees and employers only if they are certified by an officer not below the rank of Deputy Labour Commissioner, and he is not expected to certify a standing order that contains provisions which are against the common laws in force.) Therefore, the question of any interpretation of the basic Act is not relevant here.

Now, if you feel that any woman employee has misused the benefit, you can certainly take action against her on the charge of severe misconduct.

To share my personal feelings, during my long experience in Personnel Management, I have not come across any such incident where a woman could fabricate evidence to show that she was pregnant or had a miscarriage just to earn some 6 or 12 weeks of leave. In fact, the law enforcement authorities could not have foreseen this; otherwise, they would have put some provision to handle such occurrences.

What will happen if the employers generalize this attitude of a few women? Will they stop recruiting women?

Regards,

Madhu.T.K

You should have a doctor on a contract basis to cross-check all such cases. Consider issuing a circular stating that all maternity cases must be referred to the empanelled company doctor, and certification from them is necessary to avail leave. This measure will help reduce the use of fake certificates. Additionally, if you encounter cases of fake certificates, you can report the name of the doctor involved to the Indian Medical Association (IMA).

agdesai

Dear Sonal,

You can check with your company doctor or ask her to obtain the medical report from a reputable hospital, as they won't provide a fake certificate.

Very true. We do not wish to generalize this attitude at all, and that is why I sought help from all of you so that appropriate action could be initiated without interfering with the basic act. We have employee-friendly policies but could never forecast that some of them would be misused. Nevertheless, this is not to suggest that every employee is misusing the benefits.

As I have stated earlier, some of these employees in question are working from home too. I have taken note of all the suggestions.

Thanks once again.

Regards,
Sonal

Maternity leaves are allowed only one month before delivery up to 87-90 days. At this stage, it is not possible for anyone to fake pregnancy. In case they are taking leave under the pretext of being pregnant and a doctor advising rest, then her leave, as per eligibility, is applicable - not maternity leave. Also, maternity leave is permissible for only 2 kids. In case of a miscarriage, the maximum leave allowed is 15 days. There is a government policy that can be followed for the same.

Such repeated behavior should be referred to the company medical practitioner for validation.

Hey,

All the mates have given very good reasons to control maternity leaves, but you are worried if somebody comes with the reason of miscarriage. This situation is not like having a headache and not going to the doctor for treatment. Once you claim this, you have a different medium to prove the medical report, either it's fake or true. You can consult with the particular doctor and confirm.

Well, you are right. Such employees are truly misguided but they can be handled with care. Even our policy is such that we have always trusted our employees (till such cases started cropping up). A talk would certainly help.
But to ensure that we do not have to deal with such issues in the future, rules need to be defined more clearly and strictly. We have entered into a contract with a leading hospital plus specified medical practitioners in every city/town where our offices are situated - only certificates and reports from them will be accepted.

Let me clarify, here the employee had produced a prescription stating that she had some complications right from the beginning and was advised bed rest for some time. She also argued that it's not necessary for problems to arise only after the belly starts showing. So much for that! That was the case.

These leaves are granted for 45 days each before and after delivery.

So make it clear to all employees that those leaves will be granted for only the last 45 days before delivery and the first 45 days after delivery. In such a case, you will not need any proof of pregnancy as it is visible by then.

To know the tentative delivery date, you can ask the employee to get a medical certificate from a reputed hospital or a doctor suggested by the company.

In case, due to some reasons, the delivery date is pre or postponed, then make sure that the total leave is of 90 days only. In unfortunate serious cases, only the company can grant one month of extra leave.

It should also be noted that if an employee doesn't take leave of 45 days before delivery, she can take that leave after delivery, i.e. if any particular employee takes 30 days leave before delivery, then she is entitled to take 60 days leave after delivery. Thus, making the total maternity leave of 90 days.

The converse of the same is also true in the above case. In addition to this, you can also give the employee earned leaves if she has them to her credit.

I am in agreement with Madhu, sir. It is quite impossible that a woman would fabricate all those things just to take leaves. I can't believe it.

Hi,

After the 3rd month or before, a woman can face problems, and a doctor may suggest bed rest with the possibility of miscarriage during this period. How can a doctor provide false reports or prescriptions? The first three months are very critical for women.

Let me clarify, here the employee had produced a prescription indicating that she had some complications from the beginning and therefore was advised bed rest for some time. She also argued that it's not necessary to face problems only after the belly starts showing. That was the case.

Why let the outsiders know about this? It may harm the company's image. I think you should involve a colleague who is closer to the lady employee in the office and instruct her to supply the correct information to the HR department regarding her pregnancy on demand. Otherwise, she will be in trouble as well, along with the real victim.

Hi Sarita,

After the third month or before, a woman can face problems, and a doctor may suggest bed rest as miscarriage can be possible during this period. How can a doctor provide false reports or prescriptions? The first three months are very critical for women.

You are correct that a woman can encounter issues in the initial stages, which is why I mentioned this fact to emphasize the possibility of fabricating a pregnancy. Some members argued that a woman cannot fake pregnancy as her belly would show. I hope you understand my point. Regarding producing false reports or prescriptions, it is not a challenging task, especially considering that some doctors nowadays are engaging in unethical practices by charging fees for providing such certificates. This situation needs to be addressed, which is why we are now requiring all employees to obtain certificates and test reports exclusively from specified doctors and clinics.

Maternity Benefit is a statutory benefit extended to a female employee as per the Maternity Benefit Act of 1961. When referring to the Act, most of the guidelines can be obtained. To prevent fraudulent claims, a second opinion by medical boards at government or private hospitals can be obtained.

Regards

Hi,

To avoid such malpractices of getting maternity leave, you can have the employee examined by a medical board. Furthermore, there should be a sufficient gap between miscarriage/delivery and the date of the next pregnancy.

Thanks,
M.L. Barber