An employee took maternity leave and is not planning to return after 6 months (as per the act). She is seeking to extend the leave for an additional 3 months. Can the company take necessary action as the work is being hampered?
From India, Calcutta
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From India, Calcutta
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Maternity Leave Extension
Maternity leave is limited to 26 weeks only, and it cannot be extended from any side. So, on what grounds can a 3-month extension be requested? You have not mentioned the nature of the establishment or service, so in the absence of any specific law or rule enforcement, the employer can ask her to work from home or mark it as absent or LOP. However, three months is not a common term, so there must be some grounds for such an application, which should be considered by the establishment on a priority and humanitarian basis also.
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651Maternity leave is limited to 26 weeks only, and it cannot be extended from any side. So, on what grounds can a 3-month extension be requested? You have not mentioned the nature of the establishment or service, so in the absence of any specific law or rule enforcement, the employer can ask her to work from home or mark it as absent or LOP. However, three months is not a common term, so there must be some grounds for such an application, which should be considered by the establishment on a priority and humanitarian basis also.
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Analyzing the Leave Situation
The situation needs analysis. Six months of leave is permitted. Section 10 of the Maternity Benefit Act authorizes an additional month if she has any illness related to pregnancy, subject to medical proof. Section 11 authorizes nursing breaks twice a day until the child is 15 months old.
Taking all this into account, discuss the matter with the lady to arrive at a win-win situation. She can apply for Leave Without Pay for the remaining two months. Entitlement to Work From Home is also there as per the law. Mutual communication is the best way, and then probably a temporary employee can be hired to take up her workload if the nature of work permits.
From India, Pune
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The situation needs analysis. Six months of leave is permitted. Section 10 of the Maternity Benefit Act authorizes an additional month if she has any illness related to pregnancy, subject to medical proof. Section 11 authorizes nursing breaks twice a day until the child is 15 months old.
Taking all this into account, discuss the matter with the lady to arrive at a win-win situation. She can apply for Leave Without Pay for the remaining two months. Entitlement to Work From Home is also there as per the law. Mutual communication is the best way, and then probably a temporary employee can be hired to take up her workload if the nature of work permits.
From India, Pune
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Maternity Leave Policy - posting.doc
Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf