Can Early Maternity Leave Be Deducted from the Standard 12 Weeks? Seeking HR Advice

Query Regarding Maternity Benefits

Dear HR Team, I have a query regarding maternity benefits. One of our employees has requested 1 month of advance maternity leave in the 2nd month of her pregnancy due to some health-related problems as per the doctor's prescription, and we have approved her request for leave.

Now, my question is, can we deduct these leaves from the 12 weeks of maternity leave that she is entitled to avail?

Please advise.

Thank you.

No, you cannot. The 12 weeks of leave stand for the first 1.5 months before the delivery and 1.5 months after the baby is delivered by a woman. Before these durations, you cannot deduct any of her leaves as maternity benefits. If she has any Sick Leave (SL) balance in her leave card, then you can approve it; otherwise, she shall be treated as Loss of Pay during payroll processing.

According to the Maternity Benefit Act of 1961, an employee can avail of maternity leave up to 6 weeks before the expected date of delivery and up to 6 weeks after the date of delivery. It can be adjusted depending on the employee's health condition and at the discretion of the company management on humanitarian grounds. However, the total maternity leave should not exceed 12 weeks. If the employee is covered under ESI, based on the doctor's advice and medical certificate, we should grant medical leave without requiring any payments for that employee.

Regards,
Srinivas B