Navigating Maternity Leave: How to Support an Employee on Bed Rest Without Losing Them

Guidance Needed for Employee on Bed Rest Due to Pregnancy

I work as an HR professional in a privately held software company located in Pune. One of our female employees is asking for complete bed rest as suggested by her doctor due to pregnancy. She has been working with us for the past 2 years and has been engaged in one of our long-running projects.

Now that she has been advised bed rest, we need to arrange an alternative for her. However, we are unsure of the appropriate action to take in this case. We do not want to lose her, and she has not mentioned anything about resigning.

Is it permissible to place her on unpaid leave for 5 to 6 months? She is expecting her baby by April 2014.

Please advise.

Thanks,
Milind Halbe

What you suggested is correct. If you want to remove her, you can do that at this time. As per the act, you give the leave, and after that, you issue a letter stating that she will be on Leave of Absence (LoA) until she resumes her duty.

Regards,

Let her avail the PL/EL if there is any balance with her. She is also entitled to leave as per the Maternity Benefit Act, which may be applicable in February 2014. Please extend her full support at this juncture, until her delivery or her resignation. Do not force her to submit her resignation at this moment. You can temporarily hire a candidate for her replacement.

As per Saji's suggestions, you could go ahead, but again, check on the leave policy which has been designed by you for your organization. If the one suggested by Saji and you are in the same line, then please go ahead and hire a new employee for that position, not to replace entirely, but for the time being. Once she is back, you could make the new hire report to her as well.

Considerations Before Proceeding

All the above-said suggestions are purely dependent on three things, so kindly refer to the below before you proceed further:

1. Refer to the Maternity Benefit Act.
2. If she is a great performer and you don't want to let that skill go away, then consider all the options.
3. Before you take any decision, have a word with management, get the approval via document/email, and proceed further.

Regards,

Please go through the Maternity Benefit Act of 1961. Recently, the number of days of leave admissible has been revised. Accordingly, she is eligible for paid leave. To fill the gap, alternative arrangements can be made. As an HR manager, be pragmatic. When we employ women, we should be prepared for contingent factors and accommodate them, rather than approaching the situation in a materialistic way. Try to convince the management and do not consider forcing her to resign. The woman has every right to receive the benefits under the act.