Maternity Leave Dilemma: Can We Deny Extension Requests After 6 Months?

Hi all,

As per the new maternity leave policy, should we extend it if an employee asks for it? If yes, is there a specific duration we should consider? Our company is a small software company, and according to the act, after 6 months, the company may offer a work-from-home option. Can we refuse an extension after 6 months and state that the person has to rejoin?

Thank you.

Whether the extension of maternity leave is for medical reasons, duly supported by a "medical certificate"? Extension of maternity leave cannot be mechanical; it has to be for medical reasons. If it is not, you can ask the employee concerned to resume her work immediately after completion of her leave.

Thank you, Srinath. The extension is being requested for 3 months, citing that the baby is still young and the doctor has advised an extension for the baby. This is, of course, a case-by-case scenario. Will there be a labor objection if we do not extend? Does that mean we cannot establish a policy with a duration of 6 months + 1 month and must handle each situation on a case-by-case basis?

Dear SUMISRISHR,

Do you have a Medical Certificate? An extension is requested for 3 months, stating that the baby is still young and the doctor advised the extension. Please evaluate the Medical Certificate and decide about granting the extension of leave or otherwise. If the medical certificate warrants an extension of leave, the same has to be considered by the Employer without being regarded as a precedent.

Thank you.

Dear Sumisri,

As per the amendment to the Maternity Benefit Act, there is an option of working from home for women, which is to be mutually decided between the employer and the employee. I am attaching the relevant amendment for your ready reference.

Dear Sumisri,

Is the new maternity leave act speaking of an extension of the period? What is that period? Is the period of leave beyond the granted leave under the Act? If the employee has already utilized the granted leave under the act, she is not entitled to any leave under maternity. However, she can be on leave using her earned leave accumulated if she does not have LOP.