mirza
18

Sonal:
I have seen your query and understood the situation; after going through the responses from the fraternity; thought to add few more points to make it little more clear
Maternity leave can be availed 4 weeks prior the delivery
As per the Law, one can avail 5 months as Maternity leave basing on the condition for which the employee should be submitting the required documents
One can not take the Maternity leave in 2-3 shifts, it should be continued at a stretch
As Samia, rightly pointed out, you need to have a policy document which talks about the Maternity leave and should be over communicated to the employees so that they do not mis-use it
Particularly, In this case, if an employee is claiming that she had an abortion, it is evident that she should be carrying the Medical reports along with the Admission and discharge summary
at the end, you can directly talk to the Doctor who had given the Certificate and tell him the consequences
Hope it clarifies
Thanks,
- Mirza

From Saudi Arabia, Jiddah
navjotgill
An organization should have a panel of approved doctors. Certification from such doctors can be obtained in these cases. Policies should be formulated but while formulating such policies one has to be careful about the fact that rules of any company cannot be above the laws of that country.

Sushilm
Hi Sonal,
There is always a possibility of complications during pregnancy, hence, employees may need leave due to genuine reasons also. I do not recommend changing policy due to one exception. I have been concerned about HR losing its human face and being more administrative than being facilitative.
The employee is know to have poor leace record and is now coupled with misrepresentation of facts calls for counselling. There could be some concerns that efficient HR can certainly help to resolve and will be appreciated by all.
It is possible to veryify the facts presented by employee from doctor who issued the certificates, you may also make sure that employees consult empanelled doctors, that too is known to be employee friendly policy.

From India, Jaipur
Neter
Dear Sonal,
what you can do is have the employee examined by a doctor from your side and in fact you can make this a mandatory practice that employee need to be checked up by company doctor before leave is granted


himanshupuri
well there cud be two things for all such cases
- Try to push for test and check-up by the company prescribed clinic or doctor. You can connect with a doctor and get the medical done in all such cases on the company's behalf before approving a leave. Make it mandatory to get the check-up done from the same doctor for maternity leave.
- Then ensure that in any case where in the leave is not justified make it Leave without pay on medical grounds. Do not pay untill the person gets the certificate again from the company's prescribed doctor.
If you circulate this wud certainly be eliminated.

From India, Jaipur
shish
7

Dear All,
I want to add few other points
a) Medical leave policy in Standing Order of Company, make it is on the discreation of management, that if anybody is going on maternity leave, it should be examined by the penal doctors of the Compnay, so that no one misuse this policy;
b) As far as my knowledge is concern you can not limit the maternity leave upto 2 case.
Thanks
Shish Uniyal

From India, New Delhi
mondalhr
As a HR student I think there may be any one solution from the following...........
1. Involve someone who is her (the pregnent lady) peer/coleague/friend in same office, who can give you the update and if it is proved fake information then she will be punished too (friend).
2. Maintain any authorised doctor.
3. make your rule stronger.

From India, Delhi
ajmal.doc
Ok.. Coming to the maternity Leave issue..
I will let u know how it works in tamilnadu govt offices..
Maternity leave can be applied just twice in a whole employment period(life time) by a female(2 child govt norm)
Maternity leave is for around 3 months.
The concept of maternity leave is to that leave be taken atleast 1 month before child borth ie 8th month of pregnancy and 1 month after child birth totalling 3 months.
No where I have heard when a female becomes pregant she can take maternity leave.
And no where, or in any company does the maternity leave policy says that when a female employee becomes pregnant she is eligible for leave.. but rather everything applies during child birth period...
Change your company policy or notify every body what maternity leave means..

From India, Madras
jyotsna2110
Hi Sonal!
Well the only way you can challenge this is by sending them to your company Doctor for examination and verification of the reports submitted. Because if the company Doctor verifies it to be true, then you can not do anything.
That seems to be the only way you can filter. But pl Sonal be sure that in this process you do not get harsh with innocent people who are actually in need of this leave. We in HR need to be empathetic to peoples genuine personal needs.
:icon1:
regards,
Jyotsna.

From India
monishapep@yahoo.com
8

Dear Sonal,
This is really a nasty thing and I can unsderstand your situation being HR. The best thing is amend your maternity policy and appoint one lady Dr( prefrebably) as a consultant ( pay her as on case to case basis so that no extra overhead to company) once the employee submit any report of such kind from his physician then to avial maternity policy benifit you can ask to visit this Dr. which will do your job more easy.
Regards,
Mona

From India, Mumbai
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