If a mother wishes to extend her 26 weeks of maternity leave for another 6 weeks of unpaid leave, is it a legal obligation for the company to allow the same?
Please refer to Section 10 of the Maternity Benefit Act, 1961, which allows for additional leave with wages for a period of one month for illness arising out of pregnancy, delivery, etc., upon the production of sufficient medical evidence.
Thank you for your reply. I just need clarification: if it is not a medical requirement, and the mother simply needs a few more weeks of unpaid leave, is my company legally obligated to accommodate this request, or can we deny the additional leave and ask the person to return once maternity leave is over?
I believe there is no need to elaborate on the physical strain and psychological depression that a mother goes through during the postpartum period. Therefore, I strongly feel that no 'ifs' and 'buts' from an employer would justify denying a leave request from a new mother. In simple terms, the employer is legally obligated to approve the leave with pay for up to 30 days, in addition to the 26 weeks of maternity leave, if the extension request is supported by medical evidence. Otherwise, compassion should dictate granting the leave without pay.
Thank you.
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