We have an employee who is not coming to work effective 01-Mar-11 as per details given hereunder:
1. Medical Exigencies (Special Leave – 13 days) and other Leave from 01-Mar-11 to 31-Mar-11.
2. She has requested a total of 9 months leave effective Apr’11 to Dec’11.
3. In between Maternity Leave from 08-Aug-11 to 28-Oct-11 (i.e., 12 weeks).
4. Other part of Leave:
a. From 01-Apr-11 to 07-Aug-11 (129 days).
b. From 29-Oct-11 to 31-Dec-11 (64 days).
She has submitted a doctor’s letter stating her expected date of delivery is 15-Sep-2011 and she has requested to be on leave from 01-Apr-11 to 31-Dec-11.
Clarifications Required
We require clarification on the following related to the above:
1. Whether the company is bound to give extraordinary leave while her leave balance is NIL.
2. Whether she should be advised to discontinue the job and re-join after the delivery of the baby.
3. Whether the in-between leave period, i.e., Apr’11 to 07-Aug-11 and from 29-Oct-11 to 31-Dec-11, should be allowed as Leave Without Pay.
4. What are the legal compliances to be followed to avoid any complications?
5. We have also provided Leave Without Pay (LWP) to female employees (ranging up to 3 months) on earlier occasions, which was post-delivery of the baby. In one case, the employee took the liberty to extend leave for 5 months, then she was absent from the job and asked to report back to duty, but she didn’t join. Later on, she resigned from the job.
Female on Contract Vs Maternity Benefits
1. A woman employee is hired on contract.
2. Contract duration is 1 year.
3. Employee is deployed at a client site.
4. Employee is working in developing/maintaining software applications.
5. Attendance is confirmed by the client on a monthly basis.
6. Contract value is paid on a monthly basis subject to submission of bill & attendance in that particular month.
7. She is the only resource deployed by us and working at that particular client site.
Query
1. Whether the woman employee would be eligible for Maternity Leave under the above arrangements?
2. In case the same employee is hired through a third party/agency, then whether, being the principal employer, we are supposed to pay for her maternity benefit to the agency?
Regards
1. Medical Exigencies (Special Leave – 13 days) and other Leave from 01-Mar-11 to 31-Mar-11.
2. She has requested a total of 9 months leave effective Apr’11 to Dec’11.
3. In between Maternity Leave from 08-Aug-11 to 28-Oct-11 (i.e., 12 weeks).
4. Other part of Leave:
a. From 01-Apr-11 to 07-Aug-11 (129 days).
b. From 29-Oct-11 to 31-Dec-11 (64 days).
She has submitted a doctor’s letter stating her expected date of delivery is 15-Sep-2011 and she has requested to be on leave from 01-Apr-11 to 31-Dec-11.
Clarifications Required
We require clarification on the following related to the above:
1. Whether the company is bound to give extraordinary leave while her leave balance is NIL.
2. Whether she should be advised to discontinue the job and re-join after the delivery of the baby.
3. Whether the in-between leave period, i.e., Apr’11 to 07-Aug-11 and from 29-Oct-11 to 31-Dec-11, should be allowed as Leave Without Pay.
4. What are the legal compliances to be followed to avoid any complications?
5. We have also provided Leave Without Pay (LWP) to female employees (ranging up to 3 months) on earlier occasions, which was post-delivery of the baby. In one case, the employee took the liberty to extend leave for 5 months, then she was absent from the job and asked to report back to duty, but she didn’t join. Later on, she resigned from the job.
Female on Contract Vs Maternity Benefits
1. A woman employee is hired on contract.
2. Contract duration is 1 year.
3. Employee is deployed at a client site.
4. Employee is working in developing/maintaining software applications.
5. Attendance is confirmed by the client on a monthly basis.
6. Contract value is paid on a monthly basis subject to submission of bill & attendance in that particular month.
7. She is the only resource deployed by us and working at that particular client site.
Query
1. Whether the woman employee would be eligible for Maternity Leave under the above arrangements?
2. In case the same employee is hired through a third party/agency, then whether, being the principal employer, we are supposed to pay for her maternity benefit to the agency?
Regards