Navigating Maternity Leave: Can We Address Continuous Absence Without Termination?

Hi, I need your suggestion on the Maternity Act.

Employee Eligibility for Maternity Act

One female employee tested positive on a pregnancy test on 1st April 2021, and she has not been coming to the office until now (9th August 2021). The company is ready to provide a cab facility near her house and is also willing to offer maternity benefits and mediclaim reimbursement. According to the Maternity Act, 80 days of attendance are required in the past 12 months, and based on that, she has met the requirement. She has been continuously submitting a doctor's certificate for rest.

Company's Requirements and Actions

Now, the company requires her to resume work and take maternity leave before 13 weeks of the tentative delivery date. Additionally, the company cannot terminate her at this point.

In this case, is she eligible for the Maternity Act? What other actions can the company take as she has been continuously absent?

Dear member,

If the female employee has not been reporting for her duties due to pregnancy since April 1, 2021, your initial task should have been to verify the facts. Has she been submitting certificates issued by a certified gynecologist? What is the diagnosis? Why has she been advised to rest for the past four months? Delivery is a natural process and not a disease per se. However, to verify the facts, approach the gynecologist at the hospital near your company and arrange for her medical check-up at the company's expense. Send an official letter to the hospital and outline the duties the employee is expected to fulfill. The gynecologist should certify whether the pregnant employee is fit to perform her duties. If the gynecologist issues a medical fitness certificate, send an official letter to the pregnant employee instructing her to resume duties promptly.

While the employee may be fit to work, transportation to the workplace could pose a challenge. In such circumstances, the next steps are at the discretion of your company.

Should the employee contest the company's decision, further actions will be determined.

Thanks,

Dinesh Divekar

Namaste, thanks for sharing your views.

Earlier, she informed us that due to COVID-19 and travel issues, she is unable to report to work. She has submitted all the certificates and reports from the gynecologist, which we have verified. Her tentative date of delivery is the first week of December, and she has been on maternity benefits since September 2021. So now, it's a matter of 20 days. As you suggested, a medical fitness certificate is a good option.

Thank you.

Dear Anjali, in another thread, Mr. Umakanthan K has suggested approaching the medical board. In the case of your employee, you can also do so. You may refer to his reply by clicking https://www.citehr.com/629281-show-c...ml#post2466144.

Thanks,

Dinesh Divekar

Whatever Mr. Divekar or earlier by Mr. Umakanthan have recommended must be followed to confirm the gravity of the case. However, there are a few genuine cases where complications arise from day one after conceiving, especially for those who have experienced earlier miscarriages once or twice. In such cases, renowned gynecologists have recommended complete rest and restricted movement until delivery. This situation poses a challenge for organizations when making decisions.

I do not have specific solutions for these types of cases as decisions vary from one organization to another.

S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions

It is now a matter of only 20 days. To date, you have not taken any action against her, other than requesting her to rejoin duty. I believe that these days have been leave without pay. Then give her 20 more days and also check if she has completed 80 days of attendance to decide whether she can truly receive the benefits of the Act or not. If she has been absent since April and if it continues until childbirth, she may sometimes lose the benefits.

As per the consultant's advice, if she submits a doctor's certificate, we cannot insist on her rejoining duty or terminate her for being absent. Yes, it is leave without pay. The company will continue the leave without pay for another 20 days and then commence the maternity benefits.

Thank you.

It is true that terminating her for absence due to pregnancy is against the law, but you can put the leave on hold, stating that she may not qualify for maternity benefits until she meets the 80-day condition.