Navigating Maternity Leave After Stillbirth: Should I Ask My Employee to Return Early?

My employee had requested maternity leave of three months according to our employment law. We approved the same, and she proceeded. After two days, she went to give birth. Unfortunately, she lost the baby (stillbirth).

Will it be in order for me to recall her back on duty as she has no baby to wean?

Maternity Benefit Act: Leave Provisions for Miscarriage and Related Illnesses

The extract of the Maternity Benefit Act on such cases:

Leave for Miscarriage

9. Leave for miscarriage - In case of a miscarriage, a woman shall, on the production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage.

Leave for Illness Arising Out of Pregnancy, Delivery, Premature Birth, or Miscarriage

10. Leave for illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage - A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage shall, on the production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

Since you are based in Kenya, I suggest looking into the Maternity Laws of your country. Prima facie, every country covers the situation you mentioned. However, in general, please note that the Maternity Laws of any country are based not just on the necessity of the mother to wean the child. They are also based on the general medical condition of the mother after delivery.

Medical and Psychological Considerations

Regarding the situation you mentioned, whether the mother delivers a normal child or a stillborn one, the medical condition is essentially the same. To go a step further, in fact, in such cases, the adverse psychological impact of such situations is invariably higher than if she were to deliver a normal child. Hope you get the point.

Regards,
TS

I agree in totality with Tajsateesh's opinion. It is nice of your company to grant her maternity leave of three months (or 12 weeks) as per your employment laws. However, there must be a provision for miscarriage or stillbirth in the laws, albeit with a reduced number of leaves. Please find out and act accordingly.

Moreover, I wish to convey that it sounds very inhuman and mean to even think of: "Will it be in order for me to recall her back on duty as she has no baby to wean?"

We are human beings, and as HRs, our responsibilities are all the more important! This must be such a traumatic and tragic time for your employee who has suffered not only physically but mentally and emotionally as well. Instead of what you have in mind, it would be more appropriate and humane to share her grief and loss.

You can send a message to her on your behalf and on behalf of the management that you share her pain and loss, and the management is with her to support her in such a time of adversity and need. I am sure your management will appreciate you for this initiative and care. Later on, when she has recovered physically and emotionally, one can personally convey the matter about maternity leave.

Warm regards.

To elaborate on the consequences of what Raj Kumar mentioned: Your company will have a satisfied and dedicated employee 'for life'. It's human nature to remember someone who offers support when it's 'NEEDED MOST'.

The Importance of Supportive HR Practices

The truth in the saying "A true friend is the one who walks in when the world walks out" also applies equally to an entity or corporation—and this obviously reflects from the HR.

Regards,
TS

Dear Seniors, can you please help me with the query below:

1. A woman who is under probation, is she eligible for maternity leave?

Regards

Dear De Sovrani, Why this question? Does the Act (Maternity Benefits Act 1961) distinguish between any class or type of employees? The problem that appears is that instead of learning more about how best to administer the benefits, people generally tend to find ways to avoid any benefits for employees. If unscrupulous management thinks of such foul ways, then it is the bounden duty of HR professionals to give right and lawful advice and act accordingly. But how can an HR do this unless they are conversant with the Acts and its provisions? So, it is imperative that every HR should make efforts to gain expertise in their chosen field.

Coming back to your query, the only relevant point regarding eligibility for the benefit is:

"A woman shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery (vide section-5[2])."

Warm regards.

Dear Kenluv, I did some research on the term "Stillbirth." I found the following answer from the ILO Site:

Definition of Stillbirth

Stillbirth is the term used for a fetal death in late pregnancy; miscarriage is the term used for fetal death in earlier pregnancy. The point in pregnancy at which a miscarriage becomes a stillbirth is determined by the laws and policies of each state. There are no World Health Organization definitions for these terms.

In a number of countries, stillbirth is considered as birth, therefore entitling the woman to the same benefits as a live birth. This is not the case for miscarriage.

Support for Affected Employees

Unions should ensure that appropriate leave and health care are available for both miscarriage and stillbirth, especially considering the emotional stress suffered by the woman and the family members in such circumstances.

The link to this page is also given below for the reference of the worthy members:

C:ABCV07301.htm

However, as the members suggested, one should also look at the emotional aspect of it. It is a mighty blow to the mental condition of a woman. A good company should support their employees at such a time. Indian provision is still better and more humane in such circumstances.

Regards

As members have suggested, you need to look at all three parts of the matter:

- What is the legal requirement in your country?

- What is the medical status? If it was a Caesarean, then recovery is a month before she can leave the home. She will need regular medication and, I think, dressing, etc. You can't force her back to work. If it's a normal delivery, probably she will be fit to work after a week. If the work is a desk job, she can come back. If it's hard work, she will be too weak, and health will suffer further.

- What is the emotional situation?

Your desire to recall her to work seems to be driven by work needs. But at times, returning to work after a traumatic incident like this may be a good psychological thing. Check with her friends in the office. Let them go and meet her informally. Let them ask her when she plans to return to work. If they feel she needs to get away from the house and its memories for a while, they can offer to get her back to work where her friends in the office will be there for moral support. But if you pursue such a path, please ensure that you are providing a supportive environment and not one that will subject her to mental cruelty.