Paternity leave during notice period? Can I avail insurance for my wife for maternity during the notice period?

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.

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 had resigned (or 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 days or three days only.

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 CL or SL prorata 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 days 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.

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

Some other information:

- The notice period is 60 days.
- Currently, I have not given a resignation.
- I will be kind of forced to give it in 3-4 weeks' time through the Performance Improvement Program.
- The most important thing is that I cannot disclose this with my company's HR as they might worsen the situation for me.

I need a suggestion on what I should do next.

If it is a forced resignation, you cannot expect that the company would permit you to avail 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.

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 chances. But still, make a request and just check. Nothing wrong in knocking the door.

Mediclaim: - Similarly, make a request, but if it is company-sponsored, it is employer-specific. They may or may not. Since it is not employee-wise mediclaim insurance and Group Mediclaim Insurance, the employer's call 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 that your employer needs to approve. It all depends on your good relationship with your employer.

But I don't think that this is the case of a group insurance but a medical insurance with cashless facility as well as reimbursement wherein the employee will be getting the benefits directly from the Insurance Company. Only thing is that under a corporate mediclaim policy, since employees joining every month and family added to the existing employees due to marriage and child birth are every month, there will be a provision that the employee left during the month will be out of the medi cover in the same month (probably on the last day of the month) and will not get the benefits till the end of the policy which will be for 12 months.

The report of the employee leaving will be submitted by the HR on 5th or 7th of the month with details of employees joining and leaving the preceding month. If that is the practice, the cover will be available till the actual date of exit from the company. Moreover, employee-employer relationship will exist till the date of relieving and as such exiting the employee from insurance during the notice period involves a risk that if something happens to the employee during the notice period.