Navigating Maternity Leave: Can We Start Leave Early and Extend Unpaid Time?

Hello, dear HR friends, I have a critical situation in our company. One of our employees needs Maternity Leave. I have two doubts regarding the same.

Maternity Leave Duration

1) As per the Act, we are providing her with 12 weeks of leave. Based on her expected delivery date and her preference, she needs to utilize all the leave before delivery. I would like to know if her expected delivery date is 25th September, can we grant her leave from 1st July, allowing her to use all 84 days which would end on 23rd September. Please advise.

Extension of Maternity Leave

2) We can extend the leave up to 1 month as unpaid leave as per our Company Policy. However, I would like to inquire about the minimum limit for extending maternity leave as Loss of Pay according to the Act.

Seniors, please provide your valuable suggestions.

Dear Mr. Manohar, please clarify whether the Maternity Benefit Act is applicable to the employee.

According to the Maternity Benefit Act, the employee cannot be made to work for a minimum period of six weeks after her delivery. Therefore, the maximum number of weeks the employee can avail as maternity benefit before her expected date of delivery is only six weeks, as the total maternity benefit could be only for 12 weeks according to the Maternity Benefit Act. Alternatively, if the maternity benefit availed prior to the date of delivery is less than six weeks, she can avail the balance (i.e., 12 weeks minus the weeks availed prior to the expected date of delivery) subsequent to the date of delivery.

Thank you very much, Harikrishnan, for your valuable reply. As per my knowledge, the leaves can be extended by one month if needed. However, please let me know what we should do if the employee is requesting to use those leaves before the delivery date.

According to the Maternity Benefit Act, not more than six weeks can be availed as Maternity Benefit prior to the expected date of delivery. She cannot use all the leave prior to delivery. If she uses all the leave prior to delivery, you have to give her six weeks' leave after delivery, which you cannot recover from her. You cannot escape from this. Ask her to avail some other kind of leave to which she is eligible before the expected date of delivery in addition to the six weeks to which she is eligible.

I agree with your statement that she cannot avail more than 6 weeks prior to the date of delivery. If she requires additional time, she should discuss with management for alternative leave options, including leave without pay.

Regarding your inquiry about extending leave by one month, that is not accurate. However, if the child was delivered through an operation or if doctors provide written documentation stating that she requires an additional month of rest due to critical health reasons, her leave can be extended accordingly.

Please let me know if you need any further clarification or assistance.

Thank you.

Dear All,

My wife is working in a private IT firm in Mumbai. She has given notice as per the Maternity Benefit Act and is proceeding for leave from 1st June. Her due date is 6th July, and she plans to take 4 weeks prior to delivery and the balance later. Her company's HR has informed her that they will pay her salary for these 12 weeks only when she joins back, and that too in 6 equal monthly installments, and only the basic salary.

Queries Regarding Maternity Leave Payment

Can you seniors please advise whether:
1) Can a company pay like this in 6 installments, that too upon joining back?
2) Shouldn't they pay the entire salary and not only the basic?

Please advise.

Thanks and regards,
Vinod Aher

She is entitled to the entire salary. The benefit has to be paid on the day on which wages are due.