Query On Maternity Leave [Thread 265815]

Hi friends,
I have a situation at my work place where my colleague has applied for Maternity Leave from July 1,2010. However under emergency situation she has been admitted to hospital on June 29,1010. She also has not been to work since June 21,2010, hence wanted to reconsider her Maternity Leave effective June 21,2010.
Though she has given birth to a male child, just after an hour the baby passed away. My queries are:
1. Would the mother be still eligible for maternity leave? If yes, how long?
2. Can the company reconsider her maternity leave dates?
Awaiting your replies.
Thanks
Sarah

Her maternity leave days will be counted from 21st June 2010. It is not a case of miscarriage but delivery because the child's death has happened after birth/ delivery. Therefore, she will be eligible for maternity leave of 12 weeks. Had it been a miscarriage, her leave would have been for six only.
Regards,
Madhu.T.K

Dear sarahsusanna
Mr. Madhu has given you the perfect advice.
She should apply for rescheduling her Maternity Leave w.e.f. June 21 (for a period of 12 weeks).
I am sorry to say this, but I find it strange that such basic queries should come from practicing HR professionals. When the quality of work life, welfare etc. in fact almost everything that affects an employee, depends on HR; should not we do our homework well and take extra pain to attain competency ?
Warm regards.

Thanks Madhu for helping me with the answer.
Raj Kumar - I did my search, however i dont think there is any harm in cross checking with seniors on this network when a person is not sure.
Regards
Sarah

Dear Sarah
My emphasis was on acquisition of the required competencies by HR professionals.
Well, if the queries are for "cross-checking" or confirmation of one' own opinion, then it is fine.
Warm regards.

Hi,
Can we further extend the leaves if there is a special case(medical problem) even after 12 weaks .
regards,

Hi,
I have a query about maternity leave. A lady goes on Maternity Leave and after completion of that, she utilizes her PL and after this she either resigns or does not turns for work, what can the HR do in such a case?
Can some action be taken against the lady??
Regards,
Supriya

I am there with Madhu 100%. Further, there should be human midas touch when we deal with employees' as they are the talented resource for us to deliver.
you may back date the maternity leave to help the employee to the fullest extent.

Dear Mr. Raj Kumar,
I think that this forum is set up so that one can resovle any kind of confusion created. Being a senior person like your self, you should be giving your peice of information rather than asking the person to go and search in the website. Then I think that there is no difference between any search engine and Cite HR.
PLEASE NOTE THAT BY SHARING THE INFORMATION AND EXPERIENCE YOU ARE NOT GOING TO LOOSE ANYTHING INSTEAD THE OTHER PERSON WOULD GAIN. NOT A BAD DEAL!!!! RIGHT.....
Regards,
Neeta.

Dear there,
Its the Responsibility of the Employee to join after Maternity and then she could avail PL or anyother, else it would become LOP (But purely depends on the Policy that the company has) Normally its restricted to 12 weeks.
In your case, as the employee has availed PL after Maternity Leave and then resigned. (It is not practically possible to continue taking the PL unless the policy says that she could) she needs to atleast send a request to avail PL with proper substantiation (kind of Medical Certificate) (since extra-ordinary leave of 1 month is available if the Employee has health issues after 12 weeks of maternity leave) or avail PL (if she has to take care of the baby or for anyother reason than sickness) But if she needs to resign then she needs to serve the notice of 1 month or anyso (as per her employment agreement), she is supposed to or she shld pay in-lieu. But if there is an option for Management's discretion then its left unto the management)