How to Handle Extended Leave Requests Due to Pregnancy-Related Illness? Seeking Advice

Respected Seniors & Dear Colleagues,

Need inputs from all around regarding a peculiar case. We have an employee on retainer mode with an annual contract given to them. The employee has asked for leave, submitting the prescription for rest as she is expecting. As per the maternity act, she will submit the notice of proceeding on maternity later in the year, but due to the illness arising from maternity, she has opted for rest. Initially, she asked for 10 days of leave and has constantly extended these leaves. Our query is, can we ask her to join back as her absence has severely hampered the functioning of her department, given the ambiguity of extending leaves the way she is doing? She can claim maternity later when she will officially proceed on maternity, but given this, what is the earliest period for proceeding on maternity even with a medical prescription for illness arising from maternity? Can we ask her to discontinue her services as she has not officially called for maternity leave?

Guidance is needed.

Out of the total maternity leave of 26 weeks, a maximum of eight weeks shall precede the expected date of delivery. Therefore, she is not eligible for any leave prior to this period. However, considering the situation, she can avail her EL or other leaves.

Clarification on Retainer Mode Employment

I would like to have clarification regarding employment on a 'retainer mode'. What is that? If she is a retainer, will she be eligible for maternity or any kind of leave? No. But at the same time, if the retainership is only an arrangement to defeat the laws, then you should give her all benefits. Obviously, a retainer will not come to your office regularly from Monday to Friday/Saturday and remain in the office from 9 am till 5 pm and will not follow the leave rules of the organization.