Maternity Leave Process: What Forms and Letters Does HR Need to Provide?

Dear Seniors, I am working in a private company with 50 people. One of our employees is going on maternity leave from the 15th of October. She has sent me her scan report of the due date and also an email requesting maternity leave. As HR, what are the letters or forms, or are there any other formalities to be followed? Please write to me.

Thank you.

As an HR professional, you must ensure that she has completed 80 days of work in your organization. Additionally, the doctor has provided the USG report. She should not be covered by insurance if she intends to benefit from ESIC. Otherwise, she can seek reimbursement for hospital bills from the insurance company. She is entitled to a total of 12 weeks of leave with wages.

Warm regards,

Pranab Chakraborty
[Phone Number Removed For Privacy Reasons]

You should provide Forms B, C, E, and F as per the requirements.

- Form B: This form is used by the employee to notify about her pregnancy.

- Form C: The doctor or physician confirms that the female employee is pregnant and expecting a child.

- Form E: This form is for the doctor to confirm the delivery of the child.

- Form F: This form is crucial as it serves as a receipt of Maternity Benefit. It confirms that the organization has not withheld payment from the employee and has been releasing it regularly.

Thank you.

Maternity Leave Procedures and Documentation

First, you need to specify whether she is covered under ESIC or not. The procedure would be different in both cases.

If covered by ESIC, the documentation process is specified on the ESIC website; you can follow that.

If not under ESIC, then you need to pay as per the Maternity Benefits Act (I assume she has worked more than 80 days). She will be eligible for 12 weeks of leave, of which at least 6 weeks must be post-delivery. You need to pay half the leave amount in advance and the balance when she rejoins after leave. She can also take more leave utilizing her EL.

In terms of documentation, there is none specified in the act. So just follow normal HR procedure. Send her a reply acknowledging receipt of her application. Inform her that you will send confirmation after getting approval from the MD (or whoever you need to inform) and her reporting manager.

Follow the approval process you will do for normal leave (except that you will not deny it on the ground of not having applied before, etc.).

Once approval is done, send her a letter confirming her leave, when she is expected to rejoin, her cheque for advance benefits, and any other terms, etc. Give details of what other rights she has under the act and inform the office of any possible reason by which her rejoining date may change.

I would also suggest HR send a congratulatory or best wishes message.

One more point: she is eligible for the benefits provided she has served in the establishment for at least 80 days in the twelve months before the expected date of delivery.

Best regards,
Narasimhan

I agree and appreciate Govind Sharma's replies. Compliance under the Maternity Benefits Act requires the issuance and submission of the required forms and later on returns to the authorities.

Warm regards.

You are right, Saswata. We should collect all the reports before going on leave. Additionally, the company medical officer has to check the possibilities for the same as per the doctor's advice and the Act of 1961. The Act stipulates that, except in Jammu and Kashmir, it is applicable to all other areas.

Leave Criteria

The rules state that the leave criteria are two months before and two months after delivery, with paid wages and bonus also.

Maternity Leave Eligibility and Provisions

Maternity leave is eligible for those who have completed 180 days of work in an organization preceding maternity leave under the Maternity Benefit Act 1961. You have to take leave entitlement accordingly. I do place the copy of the act:

4. Employment of, or Work by, Women Prohibited During Certain Periods

(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.

(4) The period referred to in sub-section (3) shall be:

(a) At the period of one month immediately preceding the period of six weeks before the date of her expected delivery;

(b) Any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.

5. Right to Payment of Maternity Benefit

(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.

Best of luck.

I appreciate your contribution but would like to have your clarification on the following:

Medical Officer's Role

The company has no medical officer. What should she do? Even if the company has a medical officer, what possibilities will he check? Can he challenge another doctor?

Leave Criteria

Rules: Leave Criteria 2 months before and 2 months after delivery with paid wages & bonus also.

Can you please quote the rule verbatim?

Regards,

Hi Rahul, please guide me. We have appointed a girl who will join on 5th January 2015, and she has informed us that she is pregnant and will require leave starting from 1st April 2015. Will she be eligible for paid leave benefits as per the Maternity Act of 1961?

Thank you.

This is a very sensitive issue. It is not just about the rights of a female employee but more about the safety and well-being of an expectant mother and her unborn child.

You must be well aware that at the time of joining, she will be well into her third trimester and within a few weeks of delivery. Would it be wise to let her join in such a condition for a few weeks before she proceeds on maternity leave?

It is not just about physical stress but also the mental stress of being in a new work environment and its health effects on the mother and unborn baby. You must also be aware that a model employer like the government or Public Sector Undertakings, in such cases, declares the person temporarily unfit and advises them to join after the delivery period is over.

Do you have a system of medical examination or access to the services of a doctor? You can also seek medical advice. Thereafter, you can counsel the prospective employee accordingly.

Do let us know if you have further queries on this.

Warm regards.