URGENT: Employee is asking Maternity leave extension after availing 6 months maternity leaves.

Hello All,
Could you suggest the procedure, the employee is asking Maternity leave extension after availing 6 months maternity leaves? if she is submitted medical certificate etc shall we allow her to take?\
Thank you.
regards,
Venkatesh.
Mob:7207442648

Hi,
Yes 182 days for MB with salary is as per law. Subsequent extension of leaves should be considered, however that can leave without pay.

Dear Venkatesh,
Whether you wish to give an extension to the maternity leave or not is an internal matter of your company. By granting the woman employee the maternity benefits, you have fulfilled the statutory requirement.
But then the question arises on why she wanted the extension to the maternity leave. What are the compelling circumstances and are these validated by the proper medical certificate? Why she did not apply in advance?
Howsoever grounds genuine may be, can the woman employee be spared for the leave? What are the views of her HOD? Will the work impact in any way? This is an internal matter of your company and we the outsiders have no say. Suppose if you sanction her the leave then will she resume her duties or at the last moment submits her resignation?
Thanks,
Dinesh Divekar

Dear Venkatesh,
I would like to draw your attention to section 10 of the Maternity Benefit Act,1961 which provides for an additional one month of leave with wages for illness arising out of pregnancy, delivery, premature birth of a child or miscarriage on production of medical certificate. Therefore, you are legally bound to sanction one month's additional leave with wages if the employee produces medical certificate over and above the earlier 182 days.

Leave for illness arising out of pregnancy, delivery, premature birthof child,
or miscarriage.
10. Leave for illness arising out of pregnancy, delivery,
premature birth of child, or miscarriage.- A woman suffering from
illness arising out of pregnancy, delivery, premature birth of child
or miscarriage shall, on production of such proof as may be
prescribed, be entitled, in addition to the period of absence allowed
to her under section 6, or, as the case may be, under section 9, to
leave with wages at the rate of maternity benefit for a maximum period
of one month
Kindly act as per Sec 10 of MB Act

Dear Venkatesh
The Maternity Benefit Act does not bar extension of leave beyond the permissible limit of 26 weeks. As the learned member Umakanthan said, it provides for additional leave of one month for sickness on the basis of proper medical certificate under Section.10. If the leave requirement is more than one month, you can consider sanction her earned leave or sick leave if she has at credit.As learned member Mr.Dinesh Divekar said, it is a decision to be taken on the facts and circumstances of the case.
B.Saikumar
HR & Labour Relations Consultant

One of our employee is on maternity leave from 17th Dec 2018 to 17th Jun-2019 (6 months). Employee has leave extension request.
• Can this extension of leave be accepted? If yes what kind of documents are to be submitted?
• Should this be considered as Loss of pay? If yes, please advise for what period max can this be availed?
Also suggest if any additional things are to be taken care or documentation portion
Thank you!
Regards,
Venkatesh.

""Can this extension of leave be accepted?""
On what ground has employee asked for extension?
Sec 10 authorises her to ask for one month additional leave based on medical grounds supported by adequate medical documentation.
So answer to your query depends on the grounds for leave.

Dear Venkatesh,
Apart from all the above mentioned, Please check the genuineness of request for leave. If it is genuine, the employer may accept the leave as "Loss of Pay" or may adjust from the leave balance, if any. It will also help in Employee Engagement in future.
Thanks,

Dear Team,
Is there any document (Maternity Act - Leave extension) for extension of maternity leave its a mandatory to produce doctor certificate.