Navigating Maternity Leave Extensions: Seeking Advice on Unpaid Leave and Policies

Maternity Leave Extension Queries

Dear Seniors,

I am from the HR department of a retail industry, and I have a query for which I would like to seek suggestions from all of you. As we know, maternity leave has been extended to 26 weeks. Therefore:

1. If an employee wishes to take extended maternity leave (unpaid), for how many days/months can we extend the leave?

2. If we, as the employer, are unable to extend the leave and inform the employee accordingly, would that be appropriate?

3. If the employee does not respond to our calls, can we terminate the employee after sending an intimation of the expiry of maternity leave?

4. Does anyone have a format for an intimation of maternity leave expiry letter? If so, please share.

I request your recommendations on the same.

Thanks & Regards,
Jyoti Gupta

Maternity Leave and Employer's Rights

Maternity leave of 26 weeks is a right of every female employee. However, getting an extension is at the privilege of the employer only. Therefore, if she does not resume work, you can send a letter (no format under the Act) stating that she was expected to report to duty on [date] but did not join, and the management is of the view that no extension of leave can be granted. Therefore, she should report to duty on [date] (give her two or three days' time). Failing to do so will be deemed as disinterest in the job, and action as deemed fit shall be taken by the management without offering any further opportunity.

Since she has no right to demand an extension of leave already given, she is expected to return to work. If she fails to do so, send another letter stating that her services would be terminated if she does not join immediately. (You can give an additional two or three days for a response). If she still does not comply, send a letter informing her that her services have been terminated.

Employer's Discretion on Leave Extension

If the management is generous, you can grant any number of leaves, either paid or unpaid, as you wish. However, remember that a privilege granted today may become a right tomorrow. If you begin granting leave (even unpaid), many may prefer to take advantage of it.

Regards, Madhu T K

When the employees are not given any written communication, you should provide a letter from your side explaining the situation along with proper medical certificates for taking rest. If the employee does not respond, issue at least 3 warning letters before considering termination. It is important to maintain proper documentation for future reference.

Mr. Madhu Sir has aptly answered the query. If there is any illness outside of maternity, then the employee has to apply for any extension of maternity leave duly certified by the medical practitioner if required under the Act. Any extension of maternity leave is at the discretion of the employer, whether paid or unpaid. As mentioned by the senior above, please check the consequences faced thereafter by other fellow employees.