Hi,
I agree to what Prathem said, before approving an employees leave on maternity grounds, she should be asked to get herself checked from the doctor authorized by your co.
Best Rgds & Feel Safe
Anita Sharma
From India, Mumbai
I agree to what Prathem said, before approving an employees leave on maternity grounds, she should be asked to get herself checked from the doctor authorized by your co.
Best Rgds & Feel Safe
Anita Sharma
From India, Mumbai
Maternity benefit is applicable only at 6 weeks before delivery and 6 weeks after delivery so you should modify your policy and by this way you can handle the employee
From India, Calcutta
From India, Calcutta
Hi Sonal,
This is a very interesting case provided by you. As per the “THE MATERNITY BENEFIT ACT” an employee can claim for the leave in the case of “miscarriage or leave for illness arising out of pregnancy”. Please refer the section under the act below mentioned.
[9. Leave for miscarriage, etc.-In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy].
3[9A. Leave with wages for tubectomy operation.-In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation].
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, 4[miscarriage, medical termination of pregnancy or tubectomy operation].-A woman suffering from illness arising out of pregnancy, delivery; premature birth of child 4 [ miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Now the second question, whether the certificate is true or not. In this case you can get this verified by any of the “Gynecologist” (preferably from Govt. Hospital).
Please feel free to contact under sign for any further clarification / assistance.
Thanks & Regards
Kumar Gourav
From India
16This is a very interesting case provided by you. As per the “THE MATERNITY BENEFIT ACT” an employee can claim for the leave in the case of “miscarriage or leave for illness arising out of pregnancy”. Please refer the section under the act below mentioned.
[9. Leave for miscarriage, etc.-In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy].
3[9A. Leave with wages for tubectomy operation.-In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation].
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, 4[miscarriage, medical termination of pregnancy or tubectomy operation].-A woman suffering from illness arising out of pregnancy, delivery; premature birth of child 4 [ miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Now the second question, whether the certificate is true or not. In this case you can get this verified by any of the “Gynecologist” (preferably from Govt. Hospital).
Please feel free to contact under sign for any further clarification / assistance.
Thanks & Regards
Kumar Gourav
From India
Hi
I want to tell u one thing that anyone can avail maternity leave in the 8th month.If someone suffering her 8th month then u can come to know this fact that she is pragnant or nt.
Now other way is to check her medical report n medicines receipts from the starting.
These r the way only.
Thanks regards
suman
From India, Gurgaon
I want to tell u one thing that anyone can avail maternity leave in the 8th month.If someone suffering her 8th month then u can come to know this fact that she is pragnant or nt.
Now other way is to check her medical report n medicines receipts from the starting.
These r the way only.
Thanks regards
suman
From India, Gurgaon
First & foremost u need to come up with a more precise Policy on Maternity Leave, plus company approved list of certified hospitals/clinics where staff members should get their reports from. This is how most Global Orgs handle this issue.
Flora
HR Specialist
From Kuwait
Flora
HR Specialist
From Kuwait
I have gone through suggestions and comments made by HRs on misuse of Maternity Benefits. As suggested by many, you can have a policy which describes how and on what ground the maternity benefits including benefits in case of miscarriage is going to be paid.
But do you think that any policy which is against the Maternity benefit Act, a Central Act to provide for maternity benefits to woman employed, will be maintainable? No, even of you make such restrictions in your standing orders the same is not going to be certified by the competent authority. (Let me add that orders in the Standing Orders of the company will become binding to the employees and employer(s) only if it is certified by an officer not bellow the rank of Deputy Labour Commissioner and he is not expected to certify a standing order which contains such provisions which are against the common laws in force) Therefore, the question of any interpretation to the basic Act is not relevant here.
Now, if you feel that any woman employee has misused the benefit, you can certainly take action against her on the charge of severe misconduct.
To put my personal feeling, during my long experience in Personnel Management, I have not come across with any such incident that any woman could fabricate evidences to show that she was pregnant or had miscarriage just to earn some 6 or 12 weeks leave. In fact, the law enforcing authorities could not have forecasted this, otherwise they would have put some provisio to hold such occurrences.
What will happen if the employers generalise this attitude of a few women? Will they stop recruiting women?
Regards,
Madhu.T.K
From India, Kannur
But do you think that any policy which is against the Maternity benefit Act, a Central Act to provide for maternity benefits to woman employed, will be maintainable? No, even of you make such restrictions in your standing orders the same is not going to be certified by the competent authority. (Let me add that orders in the Standing Orders of the company will become binding to the employees and employer(s) only if it is certified by an officer not bellow the rank of Deputy Labour Commissioner and he is not expected to certify a standing order which contains such provisions which are against the common laws in force) Therefore, the question of any interpretation to the basic Act is not relevant here.
Now, if you feel that any woman employee has misused the benefit, you can certainly take action against her on the charge of severe misconduct.
To put my personal feeling, during my long experience in Personnel Management, I have not come across with any such incident that any woman could fabricate evidences to show that she was pregnant or had miscarriage just to earn some 6 or 12 weeks leave. In fact, the law enforcing authorities could not have forecasted this, otherwise they would have put some provisio to hold such occurrences.
What will happen if the employers generalise this attitude of a few women? Will they stop recruiting women?
Regards,
Madhu.T.K
From India, Kannur
You better have a doctor on contract basis and counter check all such cases. You may also put a circular that all the maternity cases will be referred to the empenelled company doctor and his certification is must for availing leave.
It will definitely bring down the fake certificates. Also, you can refer name of doctor giving fake certificates to Indian Medical association (IMA).
agdesai
From India, Madras
It will definitely bring down the fake certificates. Also, you can refer name of doctor giving fake certificates to Indian Medical association (IMA).
agdesai
From India, Madras
Dear Sonal You can check with u r company doctor or ask her to get the medical report from a reputed hospital, as they wont provide fake certificate .
From India, Mumbai
From India, Mumbai
Very true. We do not wish to generalise this attitude at all and that is why I sought help from all of you so that appropriate action could be initiated without interfering with the basic act. We have employee friendly policies but could never forecast that some of them would be misused. Nevertheless, this is not to suggest that every employee is misusing the benefits.
As I have stated earlier, some of these employees in question are working from home too.
I have taken note of all the suggestions.
Thanks once again.
Regards
Sonal
From India, Mumbai
As I have stated earlier, some of these employees in question are working from home too.
I have taken note of all the suggestions.
Thanks once again.
Regards
Sonal
From India, Mumbai
Maternity leaves are allowed only one month before delivery upto 87-90 days. at this stage it is ot possible for anyone to fake pregnancy. in case they are taking leave under the pretext on being pregnant and doctor advicing rest then her leave as per eligibility is applicable - not maternity leave. Also maternity leave is permissible for only 2 kids. in case of miscarriage the maximum leave allowed is 15 days. there is a govt policy which can be followed for the same.
such repeated behaviour should be refered to company medical practitioner for validation.
From India, Mumbai
such repeated behaviour should be refered to company medical practitioner for validation.
From India, Mumbai
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Right to payment of maternity benefits.doc