Maternity Leave Dilemma: When Should Paid Leave Start for Health Concerns?

One of our employees who is expecting her baby in the first week of October 2013 has been advised by her doctor to take rest (leave) from July 2013 itself, considering her health condition.

Maternity Leave Eligibility Query

My query is, from which month shall she be eligible for paid maternity leave - from July 2013 to September 2013 or from October 2013 to December 2013?

Expecting a speedy response.

Regards,
Sucha

As per the payment of Maternity Benefits, the employee is eligible for 6 weeks pre-delivery and 6 weeks post-delivery. For any other period, you should adjust any available leaves or consider it as Leave Without Pay (LOP).

Considering the date of delivery of the employee as October 1, 2013, she will be entitled to maternity leave from around August 20, 2013. Any leave prior to that can be considered as per the company policy, available leaves, etc.

Regards,
Preetam Deshpande

As you have mentioned that the employee is advised to take rest (leave) effective July, which would result in LOP, considering the period of 3 months between July and September. Therefore, calculate the leaves accordingly. However, I would suggest you consider the maternity leave as per the statutory law. What if you pay the salary to the employee for the initial period and then give her an extended leave by the month of October, in case the employee resigns due to any complications?

Maternity Leave Considerations

You shall consider 6 weeks pre-delivery period and 6 weeks post-delivery period, approximately for maternity leave.

Regards.

She is entitled to leave with wages for one month for sickness due to pregnancy, in addition to 12 weeks of leave. Please refer to Section 10 of the Maternity Benefit Act, 1961.

Regards,
Varghese Mathew