Hi,
I work for an organization based out of Delhi. One of our employees who proceeded on maternity leave, after completion of the leave period, has written an email saying that since she does not have anyone at home to take care of the baby, she wants to extend her leave by a further 2 months. I would require suggestions on the following:
a) Can we extend her leave on these grounds (I suppose the leave can be extended on receipt of a letter from the medical practitioner)?
b) For how long can her leave be extended?
c) Can we deny her the leave?
d) What if she does not return after the leave period; can we terminate her services on those grounds?
Thanks in advance for your replies.
From India, Delhi
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10I work for an organization based out of Delhi. One of our employees who proceeded on maternity leave, after completion of the leave period, has written an email saying that since she does not have anyone at home to take care of the baby, she wants to extend her leave by a further 2 months. I would require suggestions on the following:
a) Can we extend her leave on these grounds (I suppose the leave can be extended on receipt of a letter from the medical practitioner)?
b) For how long can her leave be extended?
c) Can we deny her the leave?
d) What if she does not return after the leave period; can we terminate her services on those grounds?
Thanks in advance for your replies.
From India, Delhi
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Hi,
What is the maternity leave (ML) period in your company? Normally, companies provide ML for three to six months. If she has privilege leave in her tray, she can avail of that. If your company offers childcare leave, she can also avail of that. If you are able to manage without her, then what's the problem? It all depends on you. If you need more clarification, please call me.
Regards,
Anusha
HR Professional
09846743281
From India
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What is the maternity leave (ML) period in your company? Normally, companies provide ML for three to six months. If she has privilege leave in her tray, she can avail of that. If your company offers childcare leave, she can also avail of that. If you are able to manage without her, then what's the problem? It all depends on you. If you need more clarification, please call me.
Regards,
Anusha
HR Professional
09846743281
From India
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On humanitarian grounds, she may be given an extension of leave but not as paid leave. The idea of terminating a woman employee who has gone on ML does not sound healthy. Pon
From India, Lucknow
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From India, Lucknow
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She can ask for an extension of maternity leave up to 1 month in case of complications post-delivery. For that, she needs to submit Form C (doctor's certificate of pregnancy) & Form F (receipt of Maternity benefit).
She can be treated as LWP post 1 month after the end of 6 weeks after the date of childbirth. But that would be counterproductive.
Now, if she is a valued employee and the cost of replacement is high or retention is necessary, she can be allowed to bring her child to work with the space provided by the company and be allowed 2-4, 15-minute nursing breaks.
Trust me, you should set up a small area where the baby can be kept in a cot and is secure (quiet). This will go a long way in sending the right signals to other women in the organization and be an OD initiative.
Giving her extra leave will not solve the issue as she can only ask someone to look after her baby when she is gone for a max of 2-3 months, considering she can find someone. In the meantime, she can either quit or look for another job.
In the end, the function and company would lose whereas the cost would be nothing.
From India, Mumbai
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She can be treated as LWP post 1 month after the end of 6 weeks after the date of childbirth. But that would be counterproductive.
Now, if she is a valued employee and the cost of replacement is high or retention is necessary, she can be allowed to bring her child to work with the space provided by the company and be allowed 2-4, 15-minute nursing breaks.
Trust me, you should set up a small area where the baby can be kept in a cot and is secure (quiet). This will go a long way in sending the right signals to other women in the organization and be an OD initiative.
Giving her extra leave will not solve the issue as she can only ask someone to look after her baby when she is gone for a max of 2-3 months, considering she can find someone. In the meantime, she can either quit or look for another job.
In the end, the function and company would lose whereas the cost would be nothing.
From India, Mumbai
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Hi there,
In her case, after completion of her maternity leave, she can take her annual leave. After that, she is required to come back to work. Since she took maternity leave, she had enough time to arrange for the baby to be taken care of once the leave ends. She had more than 45 days to plan her return, plus up to a 30-day annual leave extension. Therefore, there is no excuse for not coming back to work. If she does not return to work, she can either take leave without pay or terminate her employment to take care of her baby.
On the other hand, in Europe, they have arrangements for employees to work from home if she is dispensable. However, you need approved rules for it.
Regards
From Oman, Muscat
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In her case, after completion of her maternity leave, she can take her annual leave. After that, she is required to come back to work. Since she took maternity leave, she had enough time to arrange for the baby to be taken care of once the leave ends. She had more than 45 days to plan her return, plus up to a 30-day annual leave extension. Therefore, there is no excuse for not coming back to work. If she does not return to work, she can either take leave without pay or terminate her employment to take care of her baby.
On the other hand, in Europe, they have arrangements for employees to work from home if she is dispensable. However, you need approved rules for it.
Regards
From Oman, Muscat
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What kinds of leave she has at her credit right now, which she is otherwisde eligible to avail had she not gone on maternity leave?
From India, Delhi
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From India, Delhi
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Subject: Re: Extension of Maternity Leave
I guess providing an extension of maternity leave will propagate the wrong culture in the company. Taking care of a baby in the initial few months has always been a problem or an area of concern for many employees. If this extension is allowed, definitely others will also apply for the same, or on some other grounds. The possible solutions could be:
1. Leave without pay.
2. Apply for other types of leave that are still available.
3. Bring the baby to the workplace.
4. Allow taking on assignments to work from home.
Minal Maheshwari
HR student
From India, Pune
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I guess providing an extension of maternity leave will propagate the wrong culture in the company. Taking care of a baby in the initial few months has always been a problem or an area of concern for many employees. If this extension is allowed, definitely others will also apply for the same, or on some other grounds. The possible solutions could be:
1. Leave without pay.
2. Apply for other types of leave that are still available.
3. Bring the baby to the workplace.
4. Allow taking on assignments to work from home.
Minal Maheshwari
HR student
From India, Pune
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Dear All,
It is important for the mother to care for the child. Companies should be flexible in granting leave without pay. In case the positions which need the employee, the management must arrange a replacement well in advance so that it does not affect the business.
Pierson David
From India, Pune
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It is important for the mother to care for the child. Companies should be flexible in granting leave without pay. In case the positions which need the employee, the management must arrange a replacement well in advance so that it does not affect the business.
Pierson David
From India, Pune
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As per the Maternity Act of 1961, an employee may be allowed 6 weeks of leave before the confinement and 6 weeks after the confinement. Sick benefit leave may be availed after the completion of the above said 12 weeks of leave, if certified correct by the approved medical authorities. Otherwise, if an employee is availing leave after the eligible leave of 12 weeks, the leave availed would be considered as leave under loss of pay unless she has the leave credit in her leave account.
From India, Madras
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From India, Madras
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South Africa's Basic Conditions of Employment stipulates that an employee can take between 4 and 6 months of maternity leave. Any extension by the employee after that period will be regarded as unpaid leave, provided the employee assures the company of the agreed period.
From Germany
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From Germany
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Maternity Leave Policy - posting.doc