Maternity Leave Dilemma: Can Employees Return Before 26 Weeks and What Are the Rules?

Hi all, is there anyone who can assist me? Are 26 weeks of maternity leave mandatory? Is it possible for a female employee who wants to join the organization before completing 26 weeks? If so, what are the compliance requirements that an organization must comply with?

Hi, As per the Maternity Benefit Act, 26 weeks (182 days) of leave with salary is compulsory. If the employee is willing to join early before the completion of 182 days on her own wish, without any compulsion, then she may be allowed to resume work. However, on the safer side, collect a letter from that employee stating that she would like to resume work before the completion of 182 days on her own wish and not out of compulsion from the employer. Also, collect medical documents or a birth certificate as proof of delivery.

I hope you have made it clear to the employee that she can avail of leave until 182 days and there is no hurry or compulsion to join early. As per the MB Act, even after 182 days, in case of medical issues or complications, the employee should be allowed to extend leave for an additional one month subject to a proper medical prescription from the doctor.

It is mandatory to grant 26 weeks of leave. This can include the period prior to delivery. However, if she is interested in returning earlier, you should not permit it. Why should she come back when the leave is paid? It may only backfire on you. If she is such a workaholic, why can't she work from home without any official records? Even that could be questioned at a later stage. Remember that just as a privilege given to an employee may become a right in the future, a request to shorten a legal leave (especially PAID leave) could become a compulsion for the employer later on. Therefore, I suggest letting her complete the full 26 weeks of leave before returning to duty. Please provide an update on when her scheduled leave will end. I am sure the energy she is showing now may not be sustainable, and she might even request an extension of leave...!

Hi, Added to the above, wherever possible, advise the employee to return to work after 182 days. Explain to her that it is her right. What was the reason for her request for early joining? Was it due to unpaid salary? While starting work 1-2 days earlier or one week earlier is acceptable and not a significant issue, please do not approve early joining of 1 or 2 months.

I would like to add that no request to join earlier shall make the employer safe if she changes her mind for any reason and converts it into a letter signed after pressure from the employer. This is because an employer is not in a position to "allow a woman to work during maternity leave." Section 4 states that no employer shall knowingly employ any woman during the 18 weeks immediately following childbirth. I have mentioned 18 weeks because 8 weeks should precede the delivery date. In any case, you cannot employ a woman during her maternity leave.