Maternity Leave Dilemma: How Should Extended Leave with a Doctor's Note Be Handled?

Dear learned members, I request you to please clarify two points:

1) Maternity Leave Deduction: Can we deduct 6 months of maternity leave from the allotted leave (CL, ML, EL, etc.) of employees proportionately after her joining, considering no work from her end during that period?

2) Leave Extension Procedure: If she extends her leave after six months with a doctor's certificate, what will be the leave adjustment procedure? Will it be a Loss of Pay (LOP) or may it be adjusted from her balance leave?

Hello, In view of additional leave, if the reason is satisfactory, you can approve and adjust it from their leave balance. Otherwise, you can mark it as Leave Without Pay (LWP).

Hi, 1. You cannot adjust maternity leave against the accrued leave balance. The 182 days of leave with salary is compulsory. If the employee is covered under ESI, then the employee can avail of maternity benefits through ESI.

Extension of maternity leave after 182 days: Here, wherever possible, management can consider adjusting the extension of leave against the available leave balance, but it is not mandatory. Alternatively, if the nature of the employee's work is feasible, a WFH option can be given to the employee if they are willing. This way, the employee can take care of the baby, feed the baby at regular intervals, and avoid the need to travel to the office.

You cannot deduct 6 months' maternity leave from the leave to her credit because the maternity leave is the leave available to female employees over and above the EL and other kinds of leave available. This 6 months' leave should be fully paid leave. If she seeks one month of additional leave due to any medical complications of pregnancy and childbirth as approved by a medical practitioner, that should also be paid leave. Again, if she asks for more leave than the 6+1 months, that can be adjusted against the leave available in her credit or marked as leave without pay.

The maternity leave of 26 weeks is available only to those who do not have two surviving children.

Thank you so much, respected learned members of this group, for your valuable advice. With respect to the discussion on this issue, I need a small clarification regarding whether we should follow the same procedure for leave treatment for employees taking long leave under ESIC (approved and advised by an ESIC Doctor) due to reasons such as serious injury or serious ailment, except for Maternity leave availed from ESIC. In this case, should we adjust the non-working days with the allotted leave granted to them proportionately with LOP, or should no leave be deducted from their allotted leave, similar to maternity leave? Please advise.

Leaves under ESI shall be marked as ESI leave, and for that, NO SALARY shall be paid from your end, but the ESIC will pay the amount as per their rules. For maternity leave under ESI, the treatment is the same. You should not pay any salary.

I didn’t understand your query, "In this case, shall we adjust the non-working days with allotted leave granted to him proportionately with LOP or no leave can be deducted from his/her allotted leave like the maternity leave." The leaves under ESI are unpaid leaves. Hence, there is no question of adjusting it against any 'allotted' leave. By 'allotted leave,' do you mean leaves to the credit of the employee? Please clarify.

Yes, sir, by "total leave allotted," I mean all the CL, ML, and EL accrued in the employee's quota. Here, I am referring to the scenario where, similar to maternity leave, if we do not adjust the 182 days (ESI) non-working days leave from her leave balance, does the same case apply for an employee (male/female) taking long leave from ESIC due to some other reason (serious injury, ailment, etc.)?

Over and above the maternity leave or leave on account of employment injury, serious illness, or occupational diseases given by the ESI, such leave shall be adjusted against earned leave (EL) or other leaves as admissible.

Dear All, After the prescribed leave under this Act, both the employer and employee can sit and discuss the matter jointly to finalize the leave on humanitarian grounds. There is no prescribed formula under the Act.

Regards

If a woman extends her maternity leave after six months with a doctor's certificate, the leave adjustment procedure will depend on the specific policies and laws of the country or organization she works for.

In general, the woman would need to inform her employer of her intention to extend her leave and provide the doctor's certificate as proof of the need for additional time off. The employer would then review the certificate and determine if the extension is allowable under their policies and the applicable laws.

If the extension is allowed, the woman's leave period would be adjusted accordingly, and her employer would need to update their records and communicate the revised return date to the woman.

It's important to note that the specific procedures and requirements may vary widely depending on the country, organization, and individual circumstances, so it's advisable to consult with an HR representative or legal professional for guidance.