Maternity Leave Rules: Can My Colleague Take Leave with Just a One-Year Gap?

I am an HR professional and want to know if there is a rule specified regarding the gap between pregnancies to avail maternity leave. One of my colleagues wants to take maternity leave with a one-year gap. Is she entitled to do so?

Regards,
Diwakar

There is no such provision in the Maternity Benefit Act. The only thing to be looked into is whether she would work for 80 days during a period of 12 months immediately preceding the expected date of delivery.

Regards,
Madhu.T.K

Under the Maternity Benefit Act, there is no restriction that one can avail the benefits for two childbirths. Moreover, as per Section 4(3) of the Act, we are not expected to impose any work pressure on any pregnant employee.

Regards,
Madhu.T.K

Please let me know what the clause is if a female employee resigns after 3 months of maternity benefit. How do we go about it? Can anyone help?

Regards,
Nisha

I don't think that any woman would like to have babies just to avail of maternity leave. If a woman employee chooses to leave after availing of maternity leave, no action can be taken against her legally. There are establishments that refuse to give leave or even terminate the service before she asks for maternity leave. That practice is also seen only in India. If the law is there, it is expected to be followed, and if not required, forget it as if the law is not applicable to us. It is just like driving and violating the signal light when no policeman is watching and obeying the traffic rules when the police are alert.

Madhu.T.K

Maternity Leave Update

This thread was started some time in 2012. Now, the maternity leave has been extended to 26 weeks for the first two children. At the same time, for any additional childbirth, the leave is restricted to 12 weeks only. I think the government has started thinking that if women are allowed so many leaves, they will start increasing the population just for availing leave, and that is why the officials have put a bar on it. Therefore, forget the comment that I had put on the 2nd of May 2012, that "I don't think that any woman would like to have babies just to avail maternity leave"!