One of our employees was on maternity leave, and the maternity leave ended with full benefits. The employee has now returned to the office but is requesting management to extend the leave with benefits if approved. Otherwise, she is considering resigning now and returning to the office in the future after 6 to 7 months.
Legal repercussions of extending maternity leave
What are the legal repercussions of extending maternity leave beyond 6 months?
Considerations for rejoining after resignation
Should the employee decide to resign now and plan to return to work after 6 months, should management allow her to rejoin even if her position is not needed?
From India, Jalandhar
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Legal repercussions of extending maternity leave
What are the legal repercussions of extending maternity leave beyond 6 months?
Considerations for rejoining after resignation
Should the employee decide to resign now and plan to return to work after 6 months, should management allow her to rejoin even if her position is not needed?
From India, Jalandhar
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Hi, As per the Maternity Act, 182 days of leave with salary is mandatory. After the completion of the maternity leave period, women facing health challenges related to pregnancy can extend their leave beyond this period, for example, for another month if recommended by the doctor with a proper prescription. There is no statutory requirement beyond this. If the employee wants to quit, she may proceed, and whether to consider re-employment after 6 months is purely the employer's prerogative with no statutory compulsion. On humanitarian grounds, either a work-from-home option or a break-in-service without salary option may be extended to the employee based on the discretion of the employer.
From India, Madras
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1015From India, Madras
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Maternity Leave Policy - posting.doc
Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf