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Dear Seniors,

I have a situation in my organization and I need expert advice on it. My company has a policy that a female staff member who has worked for at least six months is entitled to maternity leave. However, it does not specify the frequency of such leave. I have a staff member who went on maternity leave when she was almost six months into her employment with the company. She commenced her leave on the 23rd of April 2012.

This staff member has confidentially reported to HR that she is pregnant and is due in August 2013. I urgently need your advice on what HR can suggest to management regarding this matter, as we do not have a policy that restricts her from taking maternity leave.

Your prompt advice is greatly appreciated.

Thank you,
Eriisinmi
Lagos, Nigeria

From Nigeria, Lagos
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Hello Eriisinmi,

What do the National Laws in Nigeria—related to Employee Maternity Benefits—say?

Another way of looking at the situation would be to check if she has 6 months of continuous service [as per your company policy] before the current maternity leave application [meaning AFTER she rejoined after availing the earlier leave]. If she has served for 6 months, maybe you can grant her maternity leave the second time.

I suggest waiting for other members to give their views/suggestions.

Regards,
TS

From India, Hyderabad
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I agree to TS.. it would be appropriate to check the national law on Maternity Benefit and also calculate if she has worked continuous 180 days (6 months) since she has joined.
Meanwhile sharing my company's internal policy :
• Maternity leave can be used a maximum of two (2) occasions during an associate’s tenure with the Company. All intervening holidays and weekends falling during this period of maternity leave are counted.
- Gia

From India, Pune
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Dear Eriisinmi,

According to the Nigerian Maternity Act, a woman is permitted to take maternity leave for 12 weeks in total; with half pay for six weeks before and six weeks after delivery. In relation to the act (government and private sectors, Nigeria) provide 84 days of maternity leave including public holidays and weekends.

However, the situation pertaining to a female employee going on maternity leave for the second time requires qualifying for 26 consecutive weeks of service. Additionally, you should check the gap to qualify for maternity benefits based only on the calculated pay earned as per the statutory benefit.

From India, Visakhapatnam
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