Navigating Maternity Leave: Can My Pregnant Wife Take Extended Leave Without Penalty?

Hi, my wife is working at an autonomous college in Chennai, and she is in the 9th month of her pregnancy. The doctor advised her to take rest as she was very weak. She has submitted the doctor's certificate and requested maternity leave, but they want her to continue working until a replacement is found.

Maternity Leave Eligibility

As per the law, is she eligible for 90 days of paid leave with leave rights? What happens if she takes more than 90 days of leave? Can she take a leave for 6 months to take care of the baby and then rejoin the college?

Thank you.

Maternity Leave Eligibility and Conditions

If the college is covered by the Maternity Benefit Act and not by the Maternity Rules of the University (which University I don't know) or State's or Central Maternity Rules, she can take only 84 days of leave (i.e., 12 weeks of leave) with pay. She need not wait for a reliever but is eligible to take it 6 weeks prior to the expected date of delivery as well.

In case she is medically unfit as certified by a medical practitioner, she can take one more month's leave but not more than that. Please ensure that no rule of the University/State Govt/Central Govt is applicable to the college where she works.

Regards,
Madhu.T.K

Dear Sudhaya,

Please find the attachment. I hope it will answer your question.

Regards,
Inderjeet Singh "Born to lead"

Dear Inderjeet and Madhu,

Thank you for your comments. She is working at a state government college and has been there for more than 3 years. However, she has not been confirmed in her position yet as she is working for the evening college.

Maternity Leave Eligibility Under State Service Rules

If she is coming under the State service rules, you have to check whether the provisions of the Maternity Benefit Act are applicable to her or not. Depending on the rules of the company or provisions in the certified Standing Orders of the company, an employee under the notice period can avail any kind of leave that is available to him.

Regards,
Madhu.T.K