How Can We Support an Employee Wanting to Extend Maternity Leave with Available Leave Options?

We have an employee who worked from home for 2 months prior to her delivery and, post-delivery, has availed maternity leave. My question is, if she wants to extend the maternity leave, how can she do that?

- She has CL, Sick leave, and Earned Leave to her credit - can she avail any of these and club them with the ML?
- Or should she be given LWP for a maximum of 30 days post ML?

Please help.

As per the Maternity Benefit Act, she can avail only 84 days of leave with wages. If she takes more than that, she will not be eligible to receive any wages from the employer. However, if the employer is willing to pay, the company can provide that benefit.

Your query is that the maternity leave is being availed post-delivery. I would like to make a little correction here: ML will have to be reckoned from the date of admission of the employee in the hospital for the purpose of delivery. The maximum period of ML is 84 days under the Act.

Extending Maternity Leave

Your further query is that the employee wants to extend her ML. The rule here is very clear: ML is limited to 84 days only. Thereafter, if the employee wants to extend the leave, there are the following two conditions under which she would be entitled to extend ML:

1. If the employee becomes ill due to any illness arising out of pregnancy/delivery, she is entitled to an additional 30 days leave with wages under the Maternity Benefit Act.

2. If the employee is not sick, she cannot avail of sick leave under any rule or circumstances.

3. Earned leave can be admissible in conjunction with ML if the Leave Policy of your company permits it.

4. CL cannot be combined with ML.

Hope this clarifies your query.

With best wishes,

Regards,
Srivastava C.M. Lal
[Phone Number Removed For Privacy Reasons]

Srivastava C.M. Lal, your suggestion is correct and falls under the provisions of the Maternity Benefit Act, 1961. Regarding the matter at hand, it has been clearly mentioned in Section 10 of the said act that "A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage; shall, on production of such proof (Medical illness certificates showing the need for weakness or rest), be entitled to take leaves with wages for an additional maximum period of 30 days (one month)."

In this case, she can avail a total leave with wages of 84 days plus 30 days, totaling 114 days. If she requires additional leave beyond this, it can be adjusted with her available leave balance and will depend on the company's HR Leave Policy. Leave Without Pay (LWP) shall only be allowed for use if the employee has no credit balance of Sick Leave (SL) or Earned Leave (EL) or equivalent.

Thanks,
Vikas

Yes, she can avail CL/SL/EL, whatever she has to her credit. She can club them along with the ML provided the employer does not have any problem with such leave clubbing.

Guidance on Leave for Illness Related to Pregnancy

I need guidance on the clause regarding leave for illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage. A woman suffering from such an illness shall, upon providing the prescribed proof, be entitled, in addition to the period of absence allowed to her under section 6 or section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

As SRIVASTAVACMLAL mentioned, if an employee becomes ill due to any of these conditions, she is entitled to an additional 30 days of leave with wages under the Maternity Benefit Act. Can anyone help me with the citations available related to this? In our company, this additional leave is adjusted against the PL/SL. Please guide.