Can Employees Take Medical Leave Without Leave Balance After Maternity Leave?

I would like to know if an employee who does not have any leave balance, after taking maternity leave, can take medical leave with a doctor's certificate recommending rest or physical fitness. Is there any policy in any company to grant leave on medical grounds to such an employee? If so, kindly share.

Regards,
Gopinath M

If there is no leave balance and if it is possible for the company, leave can be granted without pay.

Please let the forum know the severity mentioned in the doctor's certificate so we can advise accordingly.

Medical Leave Adjustment

Secondly, please let us know whether you have adjusted the medical leave during the maternity period or if it has been exhausted before or after the maternity leave.

If the lady in question has availed only the stipulated 12-week period of leave for delivery purposes, she can seek an extension for one more month provided the doctor certifies any illness associated with delivery, etc. During this one-month period, she is eligible for wages at the same rate as what she is eligible for during the 12-week delivery period.

Any further leave beyond the above period will be leave without pay and would be fully at the discretion of management's decision.

Regards,
Suresh

Clarification on Medical Leave After Maternity Leave

As per the thread on the subject - Medical Leave after taking Maternity Leave, I need clarification on the following points:

1. During Maternity Leave, is the female employee eligible for Earned Leave as per the Company policy based on the Bombay Shops Act Rules?

2. After exhausting the Maternity Leave and extended leave on Medical Grounds associated with delivery, as well as all Earned Leave balance to her credit, during the period she tendered the resignation, can the Employer recover and/or ask her for one month's notice pay as per the terms of the Appointment letter to be given for the Notice Period?

Kindly provide your valuable advice on the same ASAP.

Regards,
Azim Charania.

Queries Regarding Maternity Leave and Employment Terms

Is it mandatory to credit Earned Leave every month to an employee's account if she is on Maternity Leave?

Is it necessary for a female employee to provide one month's notice of resignation while on Maternity Leave or Leave on Loss of Pay as per the terms of the appointment?

If a female employee does not adhere to the terms of the appointment regarding resignation, can an employer recover the notice pay from her?

Kindly revert.

Thank you.

Your query is different from that of Gopi with regards to your query. Please find below:

Eligibility for Earned Leave During Maternity Leave

1. During Maternity Leave, is the female employee eligible for Earned Leave as per the Company policy based on the Bombay Shops Act Rules? Maternity Leave and Earned Leave are two different types of leave. Yes, after/before availing Maternity Leave, one can avail Earned Leave.

Notice Pay Recovery After Exhausting Leave

2. After exhausting the Maternity Leave and extended leave on Medical Ground associated with delivery, as well as all Earned leave balance to her credit, during the period she tendered the resignation, can the Employer recover and/or ask her for one month's notice pay as per the terms of the Appointment letter to be given for the Notice Period?

At the discretion of the management and considering the Medical ground on a humanitarian basis, the employer may or may not recover the Notice Pay.