Maternity Leave [Thread 568404]

Hi Mr Khola,
We are expecting a 3rd child. My wife is working in a reputed hospital as a Pharmacist.She has been asked to resign.Is that valid?
What are the options to continue after her delivery without resigning.How do we approach the HR Team or convince them?
Kindly advice....

Hi Sahme,
Women employees are entitled for Maternity leave benefit of 2 surviving children. This even applies for twins or triplets in the first delivery. However an employer cannot take actions against a female employee, stating Maternity leave as a reason. Please consult an advocate who deals with corporate affairs, for better suggestion.

As per Maternity Benefit Act there is no limit for the number of children. Therefore, a woman employee is eligible for 12 weeks leave with pay even if it is her 3rd or 5th delivery. However, the amendment proposed and approved by the Govt on the Act proposes that 26 weeks leave (the maternity leave as per the amendment proposed) will be available for two deliveries. At the same time, for subsequent deliveries, maternity leave of 12 weeks will invariably be available. Therefore, there is no question of refusing the benefit just on the ground that she has already 2 children.
A Caution Note: When the Act is amended making an establishment employing ten persons to grant 26 days of maternity leave to its women employees, there is every chance that the scope of employment of women will be reduced drastically. It will be even worse if the proposal of setting up of creche in an establishment employing 50 workers also is implemented.
Madhu.T.K

Is Ammendment to maternity benefit act applicable to only those who are members of union or to all contratuals? Plz update me...

There is no law which is applicable to Trade Union members alone. Once the proposal becomes effective, it will be available to all women employees including who are not directly employed and who are employed on fixed term contract.
Madhu.T.K

Dear Sir: The applicability for establishing the Creche employing 50 employees - whether it implies employing 50 Female Employees or the employees irrespective of gender classification.

Dear Member,
We are to consider 50 persons ( Men & Women) employment for its applicability.Out of 50 if one woman employee is there in any establishment then we are to provide this facility.
With Regards,
R N KHOLA

Dear Member,
Management can not force any employee to tender resign. They are not in a position to terminate her services during the maternity leave period. If the management terminate the services then you can approach the labour department for relief.
With Regards,
R N KHOLA

Tendering of Resignation is purely/legally voluntary act on the part of an Employed Person and any one or any Authority asking to resign or compelling to resign or suggesting to resign violates not only the Employment related Laws but the Fundamental Rights guaranteed to any Indian Citizen by the Constitution of India- a Sovereign State.
The HR Dept who serve as the Aid & Advisor of the Employer/Management ought to be sensitive and sensible
Kritarth Team
Bengaluru Service Centre
14.8.2016