Navigating Maternity Leave and Work-from-Home Requests: What Are Her Leave Entitlements?

I have a certain query regarding our current employee who was on maternity leave. She is a confirmed employee and has been working with our NGO for 2 years. She was on leave effective 21st June 2021 to 21st Dec 2021 and will be resuming office on 22nd Dec 2021.

Due to some reasons, she would like to continue working from home. As per the company policy, we require all teams to work from the office.

Leave Cycle and Entitlement

Our leave cycle is from 1st June 2021 to 31st May 2022. Her previous leave quota to be carried forward was 1.5, and the leaves added in June 2021 were 19, totaling 20.5 leaves. The employee is requesting additional leave. Is she entitled to avail of further leave on a pro-rata basis starting from June 2021 until December 2021? What is the maternity law regarding this? Please advise.

Maternity Leave and Earned Leave Entitlement in Mumbai, India

🤰🏽 Maternity Leave Entitlement:
- In India, the Maternity Benefit Act, 1961, provides for maternity leave entitlement for women employees. As per the Act, a woman employee is entitled to 26 weeks of maternity leave, which includes both pre and post-natal leave.

📅 Leave Entitlement Calculation:
1. The employee in question was on maternity leave from 21st June 2021 to 21st Dec 2021, totaling more than the statutory requirement of 26 weeks.
2. Her leave cycle is from 1st June 2021 to 31st May 2022, with a total leave quota of 20.5 leaves carried forward and added in June 2021.
3. Considering her extended maternity leave period, the employee may be entitled to further leave on a pro-rata basis for the period from June 2021 to December 2021.

💼 Company Policy vs. Employee Request:
- While the company policy requires all teams to work from the office, it's essential to consider the circumstances of the employee and explore options for remote work, especially after an extended maternity leave period.

📜 Maternity Law and Additional Leave:
- The employee's entitlement to additional leave on a pro-rata basis would depend on the specific provisions of the Maternity Benefit Act and any additional policies or agreements in place within the organization.

🔍 Recommendation:
1. Review the Maternity Benefit Act, 1961, and any internal policies related to leave entitlement.
2. Engage in a discussion with the employee to understand her specific needs and explore flexible working arrangements, including remote work options.
3. Consider the employee's tenure, performance, and any exceptional circumstances while making a decision on granting further leave on a pro-rata basis.

By aligning with legal requirements and considering the employee's situation, you can make an informed decision that supports both the employee's well-being and the organization's operational needs.