Maternity Leave Dilemma: How to Address Discrepancies with HR on Leave Duration?

Hi,

I am planning to avail of maternity leave from 1 April 2017, but my HR team informed me that in my organization, the maternity leave is only for four months even though according to the Maternity Benefits Act, it should increase from 12 weeks to 26 weeks. What should I do for this? Please help me out with this.

Hi Reshu,

Your company's HR is not above the law and cannot stop you from using the revised Maternity Benefit. Please check with them to understand the exact reason they are unable to comply with this. Ensure to accurately mention the dates in the application form and send it via email as proof of records.

If you find yourself in a challenging situation, please consult your nearest labor office.

Regards,
Niraj Sharma

As Niraj has rightly said, no company HR is above any law. The company must follow the notifications issued by the government or face the consequences laid therein.

Maternity Leave Query

The question here is, you have mentioned that you are planning for Maternity Leave (MB Leave) from April 1, 2017, and you are posting the query in the last week of May. So, are you on Maternity Leave or on service? Please let us know. If you have not availed of the Maternity Leave, then please proceed without any undue tension in your mind, as it may indirectly affect your health.

Procedure for Maternity Leave

Last but not least, you do not have to get approval for Maternity Leave like you do for your Earned Leave (EL) or Privilege Leave (PL). You have to intimate the employer in writing about your Maternity Leave as per the Act and the new notification. The company has to adhere to it.

Dear Reshu,

First of all, congratulations! You can approach the nearest labor office to lodge a complaint regarding the same issue. However, before filing the complaint, you need to submit a written application for 26 weeks of leave for approval. If your application is denied, make sure to request the denial in writing before proceeding to the labor office.

Thank you.

Dear Reshu Agarwal,

Please clarify your statement that "I am planning to avail the maternity leave from 1 April 2017." Are you already on maternity leave? Is the Maternity Benefit Act, 1961 applicable to your establishment? Are you eligible for maternity benefits? When is the expected date of delivery? What is your organization's nature of activity? What is your gross salary?

The enhanced maternity benefit of 26 weeks will be available to women with fewer than two children.

B. Saikumar
HR & Labour Law Adviser
Navi Mumbai

Dear Saiconsult,

The benefit of 26 weeks is available for up to, and not less than, two children. Additionally, for more than two children, the benefit has now been extended to 12 weeks from previously having no benefit for the same.

Dear Manoj,

The language used in the amendment Act is "less than two children." It means the woman employee cannot use the enhanced benefit if she has two children at the time of applying for the maternity benefit. That's my understanding.

B. Saikumar
HR & Labour Law Adviser
Navi Mumbai.