Navigating Paternity Leave and Maternity Insurance During Your Notice Period: What Are My Options?

Hi Everyone, My company offers a 3-month paternity leave benefit. I have been contemplating resigning, but I am uncertain about taking paternity leave during the notice period and whether my wife can avail of maternity insurance coverage during this time.

Questions Regarding Leave and Insurance During Notice Period

1. Can I take paternity leave during my notice period?

2. Is it possible to secure insurance coverage for my wife's maternity needs while in the notice period?

I have not disclosed this information to HR, fearing they might ask me to leave earlier than planned. I would appreciate your guidance on this matter.

Thank you.

Hi, It is employer-specific.

1. As you have resigned (or were asked to resign), the chances of your employer approving 3 months of paternity leave during the notice period are remote. Moreover, there is no law mandating paternity leave in the private sector.

2. Regarding your second question on the use of the Mediclaim insurance card issued by your employer for your wife's delivery during the notice period, again, this is also employer-specific. If it is complimentary insurance issued by your employer, then it is subject to your company policy regarding the use of the Mediclaim card during the notice period. Generally, many companies restrict it during the notice period. However, if a partial Mediclaim insurance premium is paid by employees, then there are chances of making a claim after discussion with your employer. If your spouse is covered under ESI, then she can utilize the benefit through ESI.

It is very good to know that there are companies which give three months' paternity leave! Normally, it should be two or three days only.

Notice period and leave entitlement

What is the notice period as per the contract of employment? Is it three months or one month? If it is less than three months, in any way, the paternity leave will overlap the notice period. Legally, you are entitled to all leaves until you are relieved from the service. You can avail of CL or SL pro-rata for the period of service in the current year and even ask for EL as entitled. If EL cannot be granted during the notice period because your presence is required for handing over, etc., then the unavailed EL will get encashed at the time of relieving. In the case of paternity leave, since it is not a mandatory leave, the company can decide whether to grant it or not. Normally, paternity leave (like CL or SL) for two or three days will be permitted. I don't think that three months' leave (which may even extend beyond your notice period) will be permitted.

Medical insurance during notice period

In the case of medical insurance, I think you can use it provided the delivery takes place before your relieving.

Forced Resignation and Paternity Leave

If it is a forced resignation, you cannot expect that the company would permit you to avail of paternity leave, especially a leave that will extend beyond the notice period. As already stated in the previous reply, since this leave is not recognized by law, there is no obligation for it to be granted to you. Moreover, a three-month leave (with pay) is unrealistic.

Handling Medical Claims

Regarding the medical claim, I would suggest that you do not need to inform the management about it in advance. Even if the claim is not reimbursed or if it is not admitted at the hospital insurance desk for cashless treatment, you will have to manage it yourself. Proceed by requesting a cashless facility with the card, and if it gets rejected, submit the bills for reimbursement. I believe that you will be covered until your relieving date, and if there are any issues with it, you can file a complaint with the appropriate authority of the insurance company. You can also contact the Insurance Ombudsman.

Hi, To clarify further:

Paternity leave: There will not be any changes. However, you can still make a request and check. There's nothing wrong with knocking on the door.

Mediclaim: Similarly, make a request, but if it is company-sponsored, it is employer-specific. They may or may not approve it. Since it is not employee-specific mediclaim insurance but Group Mediclaim Insurance, the employer's decision will be final. I don't think wonders will happen even if you appeal before the Insurance Ombudsman.

In Group Mediclaim Insurance, the employer decides everything, and in case of reimbursement, money is routed through the employer and not paid directly to the employee. The only option is cashless, but even then, your employer needs to approve it. It all depends on your good relationship with your employer.