Drafting a Maternity Leave Policy: What Happens After the Initial 90 Days?

Dear Seniors, I need to draft a maternity leave policy for our private limited (PVT LTD) firm. As far as I know, the standard practice is to provide 90 days of full salary during maternity leave. Could you please advise me on whether there is any provision for unpaid leave after the initial 90 days? Additionally, what should be the course of action if an employee fails to return to work after exhausting all her entitled leaves?

Regards, Chaitali Purohit

Leave Policies According to the Maternity Benefit Act, 1961

Leave policies shall be as per the Maternity Benefit Act, 1961. Please refer to the act for more details.

Thank you.

Understanding Maternity Benefits

Individual maternity benefits may vary from organization to organization and will primarily depend on a particular organization's HR policy. However, most organizations follow a three-month maternity leave pattern. The government is currently considering a six-month maternity leave policy.

Under the provisions of the Maternity Benefits Act, you are entitled to maternity benefits at an average daily wage for a period of six weeks from a day before your delivery to six weeks following that day.

The average daily wage is calculated on the basis of your daily wages during the period of three calendar months immediately preceding the date you absented yourself on account of maternity, or the minimum wage rate, whichever is higher.

To be eligible, you should have worked for not less than 160 days in the 12 months immediately prior to the date of your expected delivery.

You are entitled to a maximum period of 12 weeks as maternity benefit. In the unfortunate event of a miscarriage, you must provide relevant proof of the miscarriage to avail the medical benefits.

Another important provision under the Maternity Benefits Act is that if you are ill on account of your pregnancy or if you have delivered prematurely, you are entitled to a maximum period of one month in addition to your maternity leave.

The procedure again depends on the HR policy of your organization. However, to claim the benefit, you need to give your employer a notice in writing stating that the maternity benefit should be given to you or your nominee and that you will not be working during the period in which you receive the benefit. The notice must start from the date of your absence provided that date is not earlier than six weeks prior to the expected date of delivery.

Thank you all, but my one query is still unanswered. Please guide me, is there any clause about rejoining after Maternity Leave? Can an employee resign immediately after availing the Maternity Leave Benefit? Or what if an employee doesn't return to work at all and becomes absconding? In that case, the maternity leave paid to that candidate would be a total loss for the company. Please guide?

Regards,
Chaitali Purohit

After availing maternity leave, the employee should rejoin. If she extends the leave due to unavoidable circumstances, her accumulated leave, if any, may be adjusted, or else, it results in loss of pay.

Maternity Leave and Resignation

Maternity leave is a statutory requirement. If the employee resigns after availing maternity leave, you cannot stop them.

Absconding After Maternity Leave

If the employee does not return without an extended or approved leave, you may issue a notice for action, but you cannot recover the payment made for maternity leave.

Maternity leave is a statutory benefit for female employees, and it is incorrect to consider it a loss to the employer even if the employee does not return.

Hope I have addressed your queries.

Regards,
Pon

Hi Chaitali, in addition to what has been accurately mentioned, I suggest that the employee applies for leave (unpaid/paid) just before the expiry of the maternity leave. In case it is refused, join and resign. Sometimes, a woman finds it difficult to join back so soon after delivery, and organizations are known to have a compassionate outlook. It is better to part properly in case the leave is not sanctioned.

All the best.

As per the Maternity Act, she will get 12 weeks of leave: 6 weeks before delivery and 6 weeks after delivery.

Dear Team,

I need help! One of our employees went on maternity leave for approximately 88 days (from April till June), during which we paid her 50% of her basic salary, and she also committed to working from home. She rejoined in the month of July.

Query on Maternity Leave and Annual Leave Eligibility

Now, my query is: when an employee goes on maternity leave, are they not eligible for annual leave? We provide annual leave to our employees, and the balance of leaves is reimbursed at the year-end.

Please guide me on this matter.

Regards,
Khushbu

Maternity Benefit Policy: Salary Payment During Leave

I want to know in the Maternity Benefit Policy, who pays the salary for 3 months—the employer or ESIC? This is because when I was on maternity leave, I didn't receive payment for any month. According to my discussion with HR, I should have sought treatment at an ESIC hospital at least once during pregnancy. I was unaware of this requirement, and our HR only informed me about it 2 to 3 days before my due date. I attempted to complete the procedure but was unable to do so and ended up being admitted. I simply want to inquire if I can receive my unpaid salary?

Regards,
Deepchandrika