Maternity - Can request my employer to grant me additional 3 months leave (for illness) with pay?

Hi,

My query is regarding the maternity-related leave options.

Due to the highly stressful environment and harassment from management, I developed health issues and my baby had some problems during my last trimester, so I had to avail all my PL and took ML leave one month in advance.

Neither my manager nor HR recommended opting for leave due to pregnancy-related illness, which typically involves a month's leave with pay.

I delivered my baby in January, and my ML was exhausted by February. If I had taken ML after delivery, I would still be eligible for an extension.

Since I went on leave on short notice (which was not in my hands), my manager became irritated and indirectly gave me a bad rating, withholding any bonus or monetary benefits, citing vague reasons that I didn't complete tasks as planned.

Currently, I am deprived of all monetary benefits, and my manager is not agreeing to grant me a leave extension even though the baby is 10 weeks old.

My questions are:

1. Can I ask my employer to convert my early maternity leave to illness during pregnancy with relevant proofs?

2. Is there a way I can request my employer to grant me an additional 3 months' leave with pay?

Kindly advise.

Regards,

Vid

Since you delivered a baby in Jan 2017, you will be entitled to maternity leave of 12 weeks (i.e., 12 weeks of paid leave) as per the old Act. Six weeks of leave maximum is allowed before the pregnancy, and the remaining six weeks are to be taken during post-pregnancy. Please provide factual details for better advice.

1. Is the Maternity Benefit Act applicable to your organization? What is the strength of employees?
2. What is your salary? Are you covered under the ESI Act?
3. What was the date on which you informed the company about your pregnancy?
4. What was the date of delivery of the baby?
5. What is the period of maternity leave you are planning to take?
6. Is there any other information you would like to share?

Please ensure to provide the necessary information for accurate guidance.

The maternity leave that was applicable to you was for 12 weeks. If you have already taken this leave, then there is not much the company can do about it. Additionally, the one-month leave that you are discussing comes after the expiration of the maternity leave. This leave is not mandatory but is recommended by the doctor, considering your health.

As there are only 6 weeks post-delivery and 4 weeks of leave, totaling 10 weeks, you can request an extension of 3 more months. However, the company is not obligated by law to approve this extension.

Respected Madam,

Do you have a medical certificate in support of your statement that due to the highly stressful environment and harassment from management, you developed health issues? The same should have been sent to the employer immediately.

As per the act, a woman suffering from an illness arising out of delivery shall, on production of a certificate in "Form-B," be entitled, in addition to the period of absence (in your case, 12 weeks) allowed to her on account of maternity, to leave with wages for a maximum period of 1 month.

Please clarify, "didn't give any bonus or monetary giving a vague reason that I didn't complete the tasks as planned."

What bonus and monetary benefits have not been given to you?

Dear Madam,

Now, the new amendment for maternity leave has come with 26 weeks, which is 6 months of leave. Hence, you can avail that.

Dear Rajithasri,

Please do not give wrong information when you have not read the post properly. The baby was born in the month of January 2017. How come the new amendment will be applicable?

Dear Ma'am,

As rightly replied by Ashutosh and Srinath, the maternity leave applicable to you is 12 weeks (6 weeks before the expected date of delivery and 6 weeks post-delivery). In your case, the baby was born in January, and the maternity leave got exhausted in February. Four weeks can be extended for any illness arising out of delivery, which means post-delivery the maximum leave you can avail of is 6 weeks plus 4 weeks, i.e., 10 weeks, which has been completed as per your post wherein it is mentioned that the baby is 10 weeks old now.

Regarding your query, please find below my view:

1. Can I ask my employer to convert my early maternity leave to illness during pregnancy with relevant proofs?
No, it is not possible because the extension of maternity leave is post-delivery and not beforehand.

2. Is there a way I can request my employer to grant me an additional 3 months leave with pay?
The employer, at their discretion, can grant you leave with or without pay, but there is no statutory obligation.