Dear seniors,
My wife is on Maternity leave for 3 months which is over recently. She wants to avail EML as she feels weak due to delivery. As per the company policy, she took doctor's certificate for the same. The doctor wrote that her patient wants to avail one month leave due to weakness.
Now Hr is not accepting to approve this leave application.
Can you please suggest us how can we proceed in this case?
Thanks in advance.
Msr_sap.
From India, Mumbai
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4My wife is on Maternity leave for 3 months which is over recently. She wants to avail EML as she feels weak due to delivery. As per the company policy, she took doctor's certificate for the same. The doctor wrote that her patient wants to avail one month leave due to weakness.
Now Hr is not accepting to approve this leave application.
Can you please suggest us how can we proceed in this case?
Thanks in advance.
Msr_sap.
From India, Mumbai
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Dear,
This leave cannot be accepted as maternity leave. HR is correct as per their policy and rules of maternity benefits. A woman is entitled to get one month of extra leave if there was a problem during delivery, and because of which there was illness to the woman. If the doctor certifies that due to illness she requires one more month of leave.
Dear's weakness is not grounds for leave. If she delivers a baby after an operation and there was some illness after that, and the doctor specifies, then only she is allowed leave.
Regards,
J S Malik
From India, Delhi
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This leave cannot be accepted as maternity leave. HR is correct as per their policy and rules of maternity benefits. A woman is entitled to get one month of extra leave if there was a problem during delivery, and because of which there was illness to the woman. If the doctor certifies that due to illness she requires one more month of leave.
Dear's weakness is not grounds for leave. If she delivers a baby after an operation and there was some illness after that, and the doctor specifies, then only she is allowed leave.
Regards,
J S Malik
From India, Delhi
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Thank you very much, Malik, sir.
Yes, there was heavy bleeding at the time of delivery. Due to that, she is still feeling weak. Can it be a sufficient reason to get EML?
Thanks for your time.
Msr_sap.
From India, Mumbai
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Yes, there was heavy bleeding at the time of delivery. Due to that, she is still feeling weak. Can it be a sufficient reason to get EML?
Thanks for your time.
Msr_sap.
From India, Mumbai
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For taking EML there should be problem due to pregnancy. If you can prove than you can take 4 week EML. There must be proximate cause between problem(disease) and pregnancy.
From India, Hyderabad
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From India, Hyderabad
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Dear,
You have yourself written that "The doctor wrote that her patient wants to avail one month leave due to weakness." Then how can this matter of leave be considered under section 10 of the Maternity Benefit Act, 1961?
R.N. Khola
Labour & Legal Consultants
09810405361
From India, Delhi
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You have yourself written that "The doctor wrote that her patient wants to avail one month leave due to weakness." Then how can this matter of leave be considered under section 10 of the Maternity Benefit Act, 1961?
R.N. Khola
Labour & Legal Consultants
09810405361
From India, Delhi
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All that has been said is true as Section 10 states 'illness arising out of Pregnancy, delivery, premature birth of child' which is certified by a Doctor - only in such cases one additional month leave with wages is allowed.
Saurabh
From China, Leizhou
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Saurabh
From China, Leizhou
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Dear,
"Weakness" is not a valid reason to avail extended maternity leave. As per Section 10 of the Maternity Benefit Act 1961, leave is granted for illness arising out of pregnancy. The medical certificate does not indicate illness due to pregnancy but rather states that your wife wishes to take one month leave due to weakness (where weakness is not associated with pregnancy).
The decision of the HR professional in this matter aligns with my understanding and knowledge on the subject. Documentary proof with a valid reason is necessary to avail extended maternity leave. Your wife can now request to utilize her earned leave if it is in her credit.
Thank you,
Mohd. Arif Khan
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"Weakness" is not a valid reason to avail extended maternity leave. As per Section 10 of the Maternity Benefit Act 1961, leave is granted for illness arising out of pregnancy. The medical certificate does not indicate illness due to pregnancy but rather states that your wife wishes to take one month leave due to weakness (where weakness is not associated with pregnancy).
The decision of the HR professional in this matter aligns with my understanding and knowledge on the subject. Documentary proof with a valid reason is necessary to avail extended maternity leave. Your wife can now request to utilize her earned leave if it is in her credit.
Thank you,
Mohd. Arif Khan
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Dear,
In this stage, HR persons are right. You should get another medical certificate with valid evidence of weakness by an authorized doctor (if the reason is valid). Otherwise, take leave without pay. I would advise you, please visit Govt maternity hospital again and get a medical report. You should also determine the reason for weakness. In case you find a valid reason for weakness due to some internal disorder, then you can avail of 4 weeks EML.
Best Regards,
Sajid Ansari - Delhi
From India, Delhi
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In this stage, HR persons are right. You should get another medical certificate with valid evidence of weakness by an authorized doctor (if the reason is valid). Otherwise, take leave without pay. I would advise you, please visit Govt maternity hospital again and get a medical report. You should also determine the reason for weakness. In case you find a valid reason for weakness due to some internal disorder, then you can avail of 4 weeks EML.
Best Regards,
Sajid Ansari - Delhi
From India, Delhi
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Dear Malik Sir,
After completion of 84 days ML, in addition to this, she can avail 30 days ML on grounds of sickness due to delivery. Still (after additional 30 days), she is sick due to pregnancy, how long can she go on leave as per the act? If the employer permits up to 84+30 days ML and after, can the employer insist on attendance for duty (in writing) as per the Act (not on humanitarian grounds).
Sir, you are also requested to advise me on the following issue.
If a woman employee is covered under the ESIC Act, naturally, she will receive all the benefits from ESIC as per their schemes. To access the benefits from ESIC, there are some conditions that the employee must fulfill. My doubt is, if a woman employee is covered under the ESIC Act and she wants to go on maternity leave but has not fulfilled the criteria as per ESI (e.g., her service is less than 6 months), she is not entitled to receive the ML benefit from ESIC even though she is covered under ESIC.
In this situation, does the employer have to pay the benefit even though she is covered under ESIC, and the employer is also making contributions on her behalf to ESIC?
Sir, one more doubt.
As per the Maternity Benefit Act, every woman employee is entitled to receive maternity benefits from her employer, provided she has worked not less than 80 days in the twelve months immediately preceding the expected delivery date.
In the above clause, a minimum of 80 days of work is required. Does the woman also need to have completed 12 months of service? For example, if a woman has only worked for 4 months with the organization but worked for 80 days during that time, is she eligible for maternity benefits from the employer? According to ESIC rules, an employee must work a minimum of 70 days, and 9 months of service is also required. Similarly, under the Maternity Benefit Act, along with 80 working days, is one year of service also necessary?
Your guidance is appreciated.
Regards,
PRASAD.SBR
From India, Pune
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After completion of 84 days ML, in addition to this, she can avail 30 days ML on grounds of sickness due to delivery. Still (after additional 30 days), she is sick due to pregnancy, how long can she go on leave as per the act? If the employer permits up to 84+30 days ML and after, can the employer insist on attendance for duty (in writing) as per the Act (not on humanitarian grounds).
Sir, you are also requested to advise me on the following issue.
If a woman employee is covered under the ESIC Act, naturally, she will receive all the benefits from ESIC as per their schemes. To access the benefits from ESIC, there are some conditions that the employee must fulfill. My doubt is, if a woman employee is covered under the ESIC Act and she wants to go on maternity leave but has not fulfilled the criteria as per ESI (e.g., her service is less than 6 months), she is not entitled to receive the ML benefit from ESIC even though she is covered under ESIC.
In this situation, does the employer have to pay the benefit even though she is covered under ESIC, and the employer is also making contributions on her behalf to ESIC?
Sir, one more doubt.
As per the Maternity Benefit Act, every woman employee is entitled to receive maternity benefits from her employer, provided she has worked not less than 80 days in the twelve months immediately preceding the expected delivery date.
In the above clause, a minimum of 80 days of work is required. Does the woman also need to have completed 12 months of service? For example, if a woman has only worked for 4 months with the organization but worked for 80 days during that time, is she eligible for maternity benefits from the employer? According to ESIC rules, an employee must work a minimum of 70 days, and 9 months of service is also required. Similarly, under the Maternity Benefit Act, along with 80 working days, is one year of service also necessary?
Your guidance is appreciated.
Regards,
PRASAD.SBR
From India, Pune
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Hi,
Leave can be taken without pay or benefits from the organization. Since the doctor has mentioned in the certificate that the request is from your wife, i.e., from the patient's end, that means there are no medical implications.
Ratna
From India, Gurgaon
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Leave can be taken without pay or benefits from the organization. Since the doctor has mentioned in the certificate that the request is from your wife, i.e., from the patient's end, that means there are no medical implications.
Ratna
From India, Gurgaon
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Maternity Benefits Act 1961.pdf
Payment during Maternity Leave under the Maternity Act.docx