Is it compulsory give a written application for availing maternity leave (either before delivery or after delivery)?

My employee has proceeded on maternity leave by orally informing her immediate boss that her tentative date of delivery is 5th Jan 2021. She has, however, not given any written leave application.

1) Is it compulsory to give a written application for availing maternity leave (either before delivery or after delivery)?
2) Should the application be supported by a doctor's certificate (either before delivery or after delivery)?
3) What should the doctor write in the certificate if an employee takes maternity leave before delivery?

Dear member,

The post looks a little surprising. Anyway, replies to your questions are as below:

1) is it compulsory give written application for availing maternity leave ( either before delivery or after delivery)

Reply: - Maternity leave is a long leave. When the woman employee goes on long leave, authorities need to plan her absence. For the planning purposes or to maintain the operational continuity, advance notice is necessary. Under the provisions of the Maternity Benefit Act, 1961, a woman employee is required to give notice of her pregnancy six weeks before the pregnancy. Please check paragraph 6 of the said act. If the woman is covered under ESI, the ESI doctor will give a certificate.

2) Should the application be supported by doctor certificate ( either before delivery or after delivery)

Reply: - A pregnant employee is to submit a certificate from an ESI certified doctor or a Certified Gynaecologist. Without the supporting certificate how the claim can be admissible?

3) what should the doctor write in the certificate if an employee takes ML before deliver.

Reply: - Please check the provisions of the Maternity Benefit Act. Especially, you may check paragraph 10 of the said act. A pregnant woman can avail of 26 weeks of maternity leave. The Maternity Benefit Act originally provided maternity benefit of 12 weeks, out of which up to six weeks could be claimed before delivery. In 2017, the law was amended to extend the period to 26 weeks. Out of the 26 weeks, up to eight weeks can be claimed before delivery. However, a woman need not structure her leave in this manner—she can instead take the entire 26 weeks of leave after the delivery. Also, these are the maximum periods of a claim and she can claim the benefit for a smaller period as well.

Final Comments: - Settling the queries on the statutory provisions apart, there appears to be a communication gap. Probably in your company, a policy on maternity leave is not prepared and if prepared, it is not circulated. If circulated then it might not have been understood by the women employees.

If a woman employee proceeds on maternity leave just informing her reporting manager then it casts a shadow on the effectiveness or even need of the HR department. In fact, pregnancies do not happen secretly. Other employees get the visible signs of it a couple of months before. Were those signs been ignored by the reporting manager or even by HR?

Thanks,

Dinesh Divekar

Thanks for your clarification, sir.

The lady in question joined our organization on January 15, 2020, but is having difficulty understanding the maternity rules. She is currently working at one of our branches in a remote village in Maharashtra, while our HR department is based in Mumbai. It seems that other employees may have noticed visible signs of her pregnancy a couple of months ago, but this information was not relayed to HR.

Leave application is a basic concept for the grant of leave. It serves as proof that leave has been applied for and specifies the nature of the leave - casual, annual, sick, etc.

What does the Maternity Benefits Act say about leave? Please refer to Section 6 of the Act:

6. Notice of claim for maternity benefit and payment thereof.
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after delivery.

(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of six weeks after the day of her delivery.

(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.

(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount, and in any such case, an Inspector may, either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

Notwithstanding, the employee needs to inform the employer as her absence will be for a long period, and plans to manage work need to be made by the employer. A clear-cut Maternity Benefits policy, which is in consonance with the law, needs to be displayed and made known to all employees.

Dear member,

The incident shows that an overhaul is needed to improve organizational communication in your organization. Organizational communication is different from personal communication. The former relates to the free flow of information from one department to another. As a part of this communication, you need to improve the induction practices as well. Hereafter, as soon as the employee joins, make sure that he/she reads all the policies and procedures and provides a certificate to confirm this understanding. The essence of policies lies in the understanding by all employees.

The incident also highlights the failure of the manager. Effective managers engage in proactive communication with their superiors. The lack of communication by the manager indicates either a lack of concern or a carefree approach.

Moving forward, consider issuing a half-yearly circular regarding the declaration of pregnancies after the first trimester.

As previously mentioned, your company needs to enhance organizational communication. It is essential for managers to grasp this concept. To facilitate their understanding, organize training programs for them. Otherwise, such instances will persist.

Thanks,

Dinesh Divekar

Dear ANONYMOUS,

Failure to give notice shall not disentitle a woman to receive the maternity benefit under the act. However, you are entitled to get the proof of pregnancy and other associated documents. Just wish her well, ask for the documents, and create a policy to raise awareness among the employees. Organize a webinar or a similar event to inform them about the process of taking such leaves.

Thank you.