Navigating Maternity Leave After a Tragic Loss: Can Dates Be Adjusted?

Hi friends,

I have a situation at my workplace where my colleague has applied for Maternity Leave from July 1, 2010. However, under an emergency situation, she has been admitted to the hospital on June 29, 2010. She also has not been to work since June 21, 2010, hence she wanted to reconsider her Maternity Leave effective June 21, 2010.

Though she has given birth to a male child, just after an hour, the baby passed away. My queries are:
1. Would the mother still be eligible for maternity leave? If yes, for how long?
2. Can the company reconsider her maternity leave dates?

Awaiting your replies.

Thanks,
Sarah

Her maternity leave days will be counted from 21st June 2010. It is not a case of miscarriage but delivery because the child's death has occurred after birth/delivery. Therefore, she will be eligible for a maternity leave of 12 weeks. Had it been a miscarriage, her leave would have been for only six weeks.

Regards,
Madhu.T.K

Dear Sarah Susanna,

Mr. Madhu has given you the perfect advice. She should apply for rescheduling her Maternity Leave w.e.f. June 21 (for a period of 12 weeks). I am sorry to say this, but I find it strange that such basic queries should come from practicing HR professionals. When the quality of work life, welfare, etc., in fact, almost everything that affects an employee, depends on HR; should we not do our homework well and take the extra pain to attain competency?

Warm regards.

Thank you, Madhu, for helping me with the answer.

Raj Kumar - I did my search; however, I don't think there is any harm in cross-checking with seniors on this network when a person is not sure.

Regards,
Sarah

Dear Sarah,

My emphasis was on the acquisition of the required competencies by HR professionals. If the queries are for "cross-checking" or confirmation of one's own opinion, then it is fine.

Warm regards.

Hi,

Can we further extend the leaves if there is a special case (medical problem) even after 12 weeks?

Regards,

Hi,

I have a query about maternity leave. A lady goes on Maternity Leave and after completion of that, she utilizes her PL. After this, she either resigns or does not turn up for work. What can the HR do in such a case? Can some action be taken against the lady?

Regards,
Supriya

I am there with Madhu 100%. Further, there should be a human Midas touch when we deal with employees as they are the talented resource for us to deliver. You may backdate the maternity leave to help the employee to the fullest extent.

Dear Mr. Raj Kumar,

I think that this forum is set up so that one can resolve any kind of confusion created. Being a senior person like yourself, you should be giving your piece of information rather than asking the person to go and search on the website. Then I think that there is no difference between any search engine and Cite HR.

PLEASE NOTE THAT BY SHARING THE INFORMATION AND EXPERIENCE, YOU ARE NOT GOING TO LOSE ANYTHING INSTEAD THE OTHER PERSON WOULD GAIN. NOT A BAD DEAL!!!! RIGHT.....

Regards,
Neeta.

Dear there,

It is the responsibility of the employee to join after maternity leave, and then she could avail PL or any other benefits; otherwise, it would become LOP (but purely depends on the policy that the company has). Normally, it's restricted to 12 weeks.

In your case, as the employee has availed PL after maternity leave and then resigned (it is not practically possible to continue taking the PL unless the policy allows it), she needs to at least send a request to avail PL with proper substantiation (such as a medical certificate) since extra-ordinary leave of 1 month is available if the employee has health issues after 12 weeks of maternity leave, or avail PL (if she has to take care of the baby or for any other reason than sickness). However, if she needs to resign, then she needs to serve the notice of 1 month or as per her employment agreement; she is supposed to or she should pay in-lieu. If there is an option for management's discretion, then it's left unto the management.

Thank you.

If a woman employee resigns after availing maternity benefits, the company cannot take any legal action because the Maternity Benefits Act is silent in this regard. Though the Industrial Disputes Act makes it obligatory on the part of the employer to give notice or pay in lieu for retrenching any worker, there is no provision that makes it mandatory for the employee to serve notice if he wishes to resign. Certainly, if she is not an employee as per the definition of the ID Act or is a supervisory or managerial staff, the contract of employment will be the deciding document. Still, in such cases, who will be interested in going for legal hassles, especially when the opposite party is a woman who is always protected by law?

Regards,
Madhu.T.K

Hello Mr. Madhu,

We also gave a similar justification to our management, but still, they feel that if the lady employee does not turn up for work, then her PF should not be processed from the company's side, and she should be compelled to either serve the notice period or pay the notice amount. Is it justified?

Regards,
Supriya

Dear Supriya,

Please handle this situation as you would handle any other employee who absconds. Once her entitlement is over, she is supposed to join or send in any communication. In this case, she has just absconded from service. Unauthorized absence is a misconduct per se. Please go ahead and terminate her from service. All the apex court rulings are on your side :)

Regards,
S K Biswal
Prompt Management Solutions

Hi,

In this case, she could easily prove that she is not in a condition to attend the duties, and that's why she was availing the PL (because she was already on maternity leave). Now, your management said that they are not going to proceed with her PF. You have made your management aware of the problems they will have to face in the future if they don't process her PF. Regarding that, what's next if she launches a complaint against your company? Even the PF office can initiate an inquiry against your company if you don't process her PF. Feel free to revert if needed.

Regards,
Ravi

Dear Supriya,

You cannot hold the PF of any employee. Even if you do not sign the Form 10C and Form 19 (PF withdrawal forms), he/she can get the balance to the credit of PF by sending the forms directly without the employer's signature. The EPF Office will then provide you with directions to send Form 3A and the break certificate of the concerned employee, and you will have to comply with it.

Dear Biswal,

Can I get a citation to any case law from the Apex Court or at least a lower court which has upheld the employer's decision to hold the PF or other dues of a woman employee who did not report back to duty after her maternity leave? If available, please send it for our reference.

Regards,

Madhu.T.K

Reply to Supriya's query:

Maternity Leave and PL are individual's entitlement, and continuing the service after ML & PL is her will and wish. We cannot force her to continue her job or take any action against her.

I am confident in my reply. If I am wrong or need any corrections, I request advice from the forum.

Regards,
P Mohan Gandhi

Dear Madhu Ji,

I have not mentioned that PF can be withheld or not processed. I had only advised to terminate the employee for unauthorized absence. In no case can PF be withheld. I apologize if my answer was ambiguous.

Regards

I think Mr. Raj Kumar Hansda rightly explained the matter, and it is not a case of miscarriage. She is entitled to the requisite period of leave as per the Maternity Benefit Act.