Maternity Leave Extension Request: How Should HR Handle Unpaid Leave Requests?

Hi all,

An employee in the insurance sector is on a 6-month maternity leave and is due to return at the end of the month. She is now requesting an extension of the same, even if it is leave without pay. What options are available as HR? Please share your valuable thoughts.

Thank you.

In general, most employees proceeding on maternity leave request an extension of leave due to ill health or to take care of the baby. If the extension of the leave is required for health reasons, the employee can request it from the employer with proof of this requirement, such as a certificate from a medical practitioner. The employer may consider such a request for an extension on a no work, no pay basis. While the payment of salary is not necessary after the completion of 6 months of maternity leave, the employer, if desiring to make payment, can do so magnanimously, considering the loyalty or work performance of the employee.

Section 10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.

A woman suffering from an illness arising out of pregnancy, delivery, premature birth of a 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 month. The amendments to the Maternity Benefit Act, 1961 facilitate 'Work from home'. Employees need to share all medical reports officially in writing to have records and ask for one month of leave, which is legally permitted as per Section 10. Section 6 of the Act is also relevant.