Maternity Leave Dilemma: Does Unpaid Leave Affect Eligibility for 6 Months Paid Leave?

Hello,

One of our employees has advised complete bed rest as she is in her first trimester. She will be at least 3 months of unpaid leave. Will she be eligible for 6 months of paid maternity leave?

Dear Mr. U S Sharma,

The employee is not covered under ESIC as she is out of that salary range. She is a confirmed employee and has been working with us for the last 1.5 years. She has been advised to complete bed rest, and her paid leaves are zero. She is a good employee, but we are a 100+ people organization with 75% female employees, so we need to make a fair and balanced decision.

So, what should we do? Please advise.

Thank you in advance.

Maternity Benefit Act Provisions

Other provisions of the MB Act, including the eligibility criteria for maternity benefit, remain unchanged. Under the MB Act, a woman is eligible to receive maternity benefit if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery. Further, the prohibition on employing a woman for six weeks following delivery, miscarriage, or medical termination of pregnancy continues to apply. Unfortunately, no change has been made to include statutory paternity leave, even though there were discussions in the Rajya Sabha to introduce child care leave for fathers.

http://www.mondaq.com/india/x/583170...ser+to+Reality

When the employer is convinced that the employee is absent due to valid reasons, any leave, as applied, needs to be sanctioned. Maybe it is leave without pay, but still, she continues to be in service. As such, the availing of leave without pay is no reason for denying her the maternity benefits.

Leave Approval and Maternity Leave Entitlement

As an employer, you will have to approve such leaves. However, the employee will have to submit supportive medical documents to support her leaves. In cases where the employee does not have any paid leaves, such leaves will be considered without pay. The employee will be entitled to 26 weeks of leave (8 weeks prior to delivery and 18 weeks post-delivery) as per the act, for which she is to be paid in full. After this leave period, if the doctor still advises the employee to take rest, as an employer, you will have to grant her leave, provided medical documents are submitted for this as well. If permissible, you can allow her to work from home during this duration.

Other members, please correct me if I am wrong as I am also a novice to laws and compliance.