Can a Pregnant Colleague Get Paid Leave for a Month? Understanding Maternity Leave Rules

Colleague is 4 months pregnant, and the doctor suggested she take a 1-month leave now. Can a private limited company grant her 1 month leave with pay or without pay? What is the rule as per the Maternity Benefit Act or Shop and Establishment Act?

Please guide.

According to the Maternity Benefit Act, "The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day." This leave, which she has requested, has nothing to do with the act. You can allow her to go on leave based on her condition, which might be leave with pay or without pay, based on your management discretion.

During pregnancy, there might be a lot of complications, so please act judiciously. Also, speak with her and understand her conditions; some employees may even take a break from work after delivery. You should be worried if she extends her leave.

The constitution or type of ownership has no relevance in the applicability of the Maternity Benefits Act. First of all, confirm whether the Act is applicable to the company and the employee. If yes, then she is eligible for one month's leave with wages if the doctor certifies that she is suffering from a disease arising out of pregnancy.

Applicability of the Maternity Benefit Act

The establishments in a state where ten or more persons are employed, or were employed, on any day of the preceding twelve months, are subject to the Maternity Benefit Act. Every woman is entitled to, and her employer is liable for, the payment of maternity benefits at the rate of the average daily wage for the period of her actual absence. This includes the period immediately preceding the day of her delivery, the actual day of her delivery, and any period immediately following that day.

No woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she claims maternity benefits for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

Maternity Benefit Act Provisions

I think, under Section 10 of the Maternity Benefit Act, 1961 (if applicable in your establishment), there are three conditions on which an employer is required to make the payment of maternity benefit for a maximum period of an additional one month, i.e.:

- The claimant woman must be entitled to maternity benefit.
- The illness must be arising out of pregnancy, delivery, etc., as mentioned in the said section.
- On production of such proof as may be prescribed (i.e., under the said Act or rules).

If the establishment is covered under the Shops & Commercial Establishment Act, then the provisions of the relevant State Act and rules made thereunder can be examined.

Regards

Due to certain complicated health conditions, pregnant women need to take care of the growth of the fetus during the early part of pregnancy, lest there is a danger of damaging the precious child and miscarriage (may God save them) (for which also Maternity Leave is permissible). It is natural that they require a few days of leave now and then for medical attendance.

At the same time, entitled maternity leave as per the act or otherwise has to be secured/spared for pre-natal and post-natal care, which is due during the later part of delivery. At this juncture, it is suggested that she might utilize her sick/medical leave or earned leave/paid leave/casual leave supported with a medical certificate, split into a couple of days as and when imminent, so that leave with pay is ensured.

Though our bodies have different ways of reacting during pregnancy, in my company, if such a situation occurs, the female employee will be eligible to apply for a portion of her maternity leave with pay. If she has not completed a year or been confirmed, the maternity leave will be calculated on a pro-rata basis with pay. If she exceeds the allocated maternity leave, she will not receive payment for the periods she is absent from work. If her absence begins to impact the company, management will make decisions on the next steps. This policy is in place at our company.

Whenever a discussion on ML is seen in this forum, people are relating it to confirmation. Except in the case of annual leave in the Factories Act (240 days working) and in some shops and commercial establishments (one year service), no other leave, especially maternity leave, is linked to confirmation.