Navigating Maternity Leave: Can You Start Early and Extend Beyond 6 Months?

Hi, can an employee avail maternity leave before 3 months of the due date? Also, is it okay to take leave as loss of pay if she does not have a casual leave balance up to 8 weeks before the due date?

Maternity Benefits and Leave Extension

As per the law, the company provides 6 months of maternity benefits. After this 6-month period, if the employee seeks a leave extension, is she eligible for the same? If so, for how many months can she avail leave extension? What happens if she does not rejoin? How much will be her service period? Will it include all days up to her resignation date?

Thanks in advance for your help.

As per the amendment in 2017, out of the total of 26 weeks, an employee can avail leave of absence due to maternity for a maximum period of 8 weeks only prior to the expected date of delivery. Section 10 of the Act, 1961 provides for an extension of leave for a further period of one month due to illness arising out of pregnancy, delivery, etc., upon medical evidence.

If an employee availing maternity leave does not rejoin duty, it shall be treated as absence without pay. In case of no intimation or resignation, it can be treated as a case of unauthorized absence warranting disciplinary action. In case of resignation, whatever leave availed of under the Act shall be included in the service rendered by her until the effective date of resignation.

Hi,

I have been serving in a private bank for the past 5 years, and they provided me with maternity leave for 4 months. However, upon requesting a further extension, they deducted my sick leave. The bank is not under the IBA but is a well-settled scheduled commercial bank. How can I avail the benefits of the Maternity Act 2017 when they are unwilling to accept this?

Dear Member,

You need to determine whether the Maternity Benefit Act, 1961 is applicable to your bank. If it is, you are eligible for benefits as detailed by the esteemed member, Mr. Umakanthan. You also have the option to escalate your grievance to the top management in writing.

Thank you.

Hi, If an employee avails maternity leave and resigns after 6 months of leave, what steps can the organization take against her, considering the company paid her full salary for those 6 months?

Approval of Paid Maternity Leave
Also, can an employee be approved for paid maternity leave if she requests it 5 months before her delivery date?

No action can be taken against an employee who resigns after availing herself of her eligible leave. This is not only applicable to a woman employee who resigns after availing herself of 26 weeks' maternity leave, but it is also applicable to all employees who resign and leave after availing themselves of their earned leaves.

Explanation of Leave Policy
The second part of the query has been well explained by Umakanthan Sir, stating that you can take only 8 weeks' leave prior to delivery.