What is the Maximum Duration for Extended Unpaid Maternity Leave After a Continuous 180-Day Leave in Mumbai, India?

If a female employee in Mumbai, India, has already taken a continuous maternity leave of 180 days, what is the maximum duration of additional leave she can avail without pay?

In India, the Maternity Benefit Act, 1961, governs maternity leave. According to this Act, a female employee is entitled to a maximum of 26 weeks (approximately 180 days) of paid maternity leave.

However, if an employee wishes to extend her leave beyond this period, it is subject to the policies of the specific company she works for. There is no statutory provision for extended unpaid maternity leave in Indian law.

Therefore, the maximum duration of additional leave without pay that she can avail would depend on her employer's leave policy and her negotiation with the employer.

It is advisable for the employee to have a discussion with the HR department to understand the company's policy regarding extended unpaid leave. She may also need to submit a formal request or application for the extended leave period.

Please note that while the company may grant extended unpaid leave, it is not obligated to do so under Indian law. Therefore, it's crucial to have open communication with the employer and understand the implications of extended leave on job security and benefits.

If there was any complications during delivery or after delivery, and on account of that complications she required extension of leave beyond the original leave of 26 weeks, she can get it for one month. This additional leave for one month for illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall be paid leave. Besides this there is no right on any employee to get extension of leave. If the establishment thinks that she may be granted leave without pay, of course, the company can extend it and there is no limit for that. The company can even think of granting permission to do work from home. If her duties cannot be performed remotely she can be granted leave without pay. That is purely a managerial prerogative.

The maternity leave grants under the Maternity Benefit Act, 1961 for a period of twentysix weeks.
The employees are required to resume duty at the expiry of leave.
If having health issues incident after the delivery the employees have to submit the necessary medical by providing appropriate documentation from a licensed medical professional to your employer.
The extension itself may not be paid leave.
The Act prohibits termination during any maternity leave, including an extended period.
No Pay Beyond Stipulated Period, if doesn't have earned leave on account.
The Act doesn't provide the job security to women employers, if doesn't resume duty. She can be terminated on ground of employment clause after the immunity period for un approved leave or any non approved extension for related none health reasons.

As you are aware, leave, except ML is not a matter of right in normal circumstances. Once the ML is fully availed and also other leave to the credit such as EL/PL/SL fully exhaused there is nothing left to the employee concerned except to resort to LWP/loss of pay leave. The LWP is not a privilege or a matter of right but a discretion subject to leave rules. The LwP may be denied. As such, if the employee persists with it then it is left to the management to deal with it as the policies and exigencies dictates/deems fit.