Seeking Guidance on Maternity Leave Laws for a Second Application: What Are My Rights?

Dear Sir/Madam,

Please let me know what the procedure or law is for availing maternity leave a second time. Also, please provide me with the law section and subsection as documentary proof to present in front of my management.

Thanks in advance.

Regards, Vkey

Understanding Maternity Leave Eligibility

What exactly is the nature of your query? Have you read the provisions of the Maternity Benefit Act, 1961? Is this query for yourself or a woman employee of your company? For how many years has the woman employee been working with you? Did she avail of maternity leave earlier during her tenure in your company?

If the woman employee is pregnant for the second time, then obviously she is eligible for maternity leave for the second time. As far as proof of pregnancy is concerned, you may ask her to provide the gynecologist's certificate. If the woman employee is covered under ESI, then she can obtain the certificate from the ESI doctor. What certificate did she provide for availing maternity leave for the first time?

Dear friend, you have raised this query. However, if you are from HR and your query is for some woman employee of your company, then it may imply some suspicion towards her. Suspicion erodes employee motivation. Therefore, do not take legal provisions with a pinch of salt.

Thanks,

Dinesh Divekar

Whether the maternity leave is for the first, second, or third time, the forms and procedures are the same.

What Mr. Dinesh has said is correct. He has answered all possible doubts. I also feel that you, being from HR, want to clear doubts before approaching your management.