Dear Seniors!!
I am from HR department from a retail industry. I had a query for which i would like to seek suggestions from you all.
As we know that the maternity leaves have been extended to 26 weeks, and hence :
1. If the employee wishes to take extended ML (unpaid), then for how may days/months can we extend the leave?
2. If we (as an employer) are not able to extend the leaves, and intimate the same to the employee, will that be appropriate?
3. In case the employee do not responds to our calls, then can we terminate the employee (post sending the employee an intimation of expiry of maternity leaves)?
4. Does anyone have the format for intimation of ML expiry letter? If yes, please share.
Request your recommendations on the same.
Thanks & Regards
Jyoti Gupta
From India, New Delhi
I am from HR department from a retail industry. I had a query for which i would like to seek suggestions from you all.
As we know that the maternity leaves have been extended to 26 weeks, and hence :
1. If the employee wishes to take extended ML (unpaid), then for how may days/months can we extend the leave?
2. If we (as an employer) are not able to extend the leaves, and intimate the same to the employee, will that be appropriate?
3. In case the employee do not responds to our calls, then can we terminate the employee (post sending the employee an intimation of expiry of maternity leaves)?
4. Does anyone have the format for intimation of ML expiry letter? If yes, please share.
Request your recommendations on the same.
Thanks & Regards
Jyoti Gupta
From India, New Delhi
Maternity leave of 26 weeks is a right of every female employee. But getting extension is at the privilege of the employer only. Therefore, if she does not resume work, you can send a letter (no format under the Act) saying that you were expected to report to duty on.....but not joined and the management is of the view that no extension of leave can be granted and therefore, you should report to duty on......(give her two or three days time) failing which it will be deemed that you are not interested in the job and action as deemed fit shall be taken by the management without offering you nay more opportunity. Since she has no right to demand extension of leave already given, she is expected to join back and if not, send another letter stating that her services would be terminated if she fails to join immediately (you can give another two or three days time to respond) and again if she does not come, send a letter informing that her services have been terminated.
Now, if the management is so generous you can give any number of leave either paid or unpaid as you wish. But remember that a privilege given will become a right tomorrow and if you start granting leave (even unpaid) there will be many number who would prefer to take it.
Madhu T K
From India, Kannur
4193Now, if the management is so generous you can give any number of leave either paid or unpaid as you wish. But remember that a privilege given will become a right tomorrow and if you start granting leave (even unpaid) there will be many number who would prefer to take it.
Madhu T K
From India, Kannur
When the Employees is not given with any written communication you have some letter from your side to give explanation with proper medical certificates to take rest , if the employee is not responding serve least 3 warning letters and then go for termination . But every time you should have a proper documentation for your future reference .
From India, Visakhapatnam
From India, Visakhapatnam
Mr Madhu Sir has aptly answered query, if there is any illness out of maternity then the employee has to apply for any extension of ML duly certified by the Medical practitioner if required under the Act. Apart from that any extension OF ML are at the will of the employer to grant whether paid or unpaid. As mentioned by the senior above please check the consequences faced thereafter by other fellow employees.
From India, Ahmadabad
From India, Ahmadabad
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc