Paternity leave during notice period? Can I avail insurance for my wife for maternity during the notice period?

Hi Everyone, My company has 3 month paternity leaves. I have been asked to resign my question I am expecting the paternity within the notice period.
1. Can I take paternity leave in my notice period?
2. Can I avail insurance for my wife for maternity during the notice period?

I have not disclosed this information as HR might ask me to leave early. Need your guidance on this.

Thank you.

Hi,

It is Employer specific.

1. As you had resigned ( or asked to resign) the chances of your Employer approving 3months paternity leave during notice period is remote. Moreover there is no law mandating paternity leave in the private sector.

2.Regarding your second question use of Mediclaim insurance card issued by your employer for wife delivery during notice period again this also Employer specific. If it is complimentary insurance issued by your Employer then it is subject to your Company Policy regarding use of mediclaim card during notice period. Generally many Companies restrict it during notice period. However if partial mediclaim insurance premium is paid by employees then there are chances of making a claim after discussion with your Employer. If your spouse is covered under ESI then she can utilize the benefit through ESI.

It is very good to know that there are companies which give three months' paternity leave! Normally it should be two days or three days only.

What is the notice period as per the contract of employment? Is it three months? Or one month. If it is less than three months, any way, the paternity leave will overlap the notice period. Legally, you are entitled to all leaves until you are relieved from the service. You can avail CL or SL prorata for the period of service in current year and even ask for EL as entitled. If EL cannot be granted during notice period because your presence is required for handing over etc, then the unavailed EL will get encashed at the time of relieving. In the case of paternity leave, since it is not a mandatory leave, the company can decide whether to grant it or not. Normally, a paternity leave (like CL or SL) for two days or three days will be permitted, I don't think that three months' leave (which may even extend beyond your notice period) will be permitted.

In the case of Medical insurance, I think you can use it provided the delivery takes place before your relieving.

some other information
- The notice period is of 60 days
- Currently I have not given a resignation
- I will be kind of forced to give in 3-4 weeks time thru Performance improvement program
- Most important thing that I cannot disclose it with my company HR as they might make things worse for me.

I need a suggestion that what should I do next.

If it is a forced resignation, you cannot expect that the company would permit you to avail paternity leave, that also a leave which will extend beyond the notice period. As already stated in the previous reply, since this leave is not a leave as per law, there is no compulsion that it should be granted to you. Moreover, a leave of three months (with pay) is unimaginable.

Regarding the medi claim, I would say that you need not tell the management about it in advance. Even if the claim is not reimbursed or in case of cashless, not admitted at the hospital insurance desk, you have to manage it. Then go ahead and ask for cashless facility with the card and if rejected, send the bills for reimbursement. I believe that until your relieving you will be covered and if it is blocked it, you can file a complaint before the appropriate authority of the Insurance company. You can also reach the Insurance Ombudsmen.

Hi,

To clarify further

Paternity leave : There will not be any chances. But still make a request and just check. Nothing wrong in knocking the door.

Mediclaim : - Same way make a request but if it is company sponsored it is Employer specific. They may or may not. Since it is not employee wise medi claim insurance and Group Mediclaim Insurance Employer call will be final. I don't think wonders will happen even if you appeal before Insurance Ombudsmen.

In group Mediclaim insurance Employer decide everything and in case of reimbursement money routed through employer and not paid directly to employee. Only option is cashless but that even your employer need to approve. It all depends on your good relationship with your Employer.

But I don't think that this is the case of a group insurance but a medical insurance with cashless facility as well as reimbursement wherein the employee will be getting the benefits directly from the Insurance Company. Only thing is that under a corporate mediclaim policy, since employees joining every month and family added to the existing employees due to marriage and child birth are every month, there will be a provision that the employee left during the month will be out of the medi cover in the same month (probably on the last day of the month) and will not get the benefits till the end of the policy which will be for 12 months. The report of employee leaving will be submitted by the HR on 5th or 7th of the month with details of employees joining and leaving the preceding month. If that is the practice, the cover will be available till the actual date of exit from the company. Moreover, employee- employer relationship will exist till the date of relieving and as such exiting the employee from insurance during the notice period involves a risk that if something happens to the employee during the notice period.