We have an employee who is not coming to work effective 01-Mar-11 as per detail given hereunder:
1. Medical Exigencies (Special Leave – 13 days) and other Leave from 01-Mar-11 to 31-Mar-11.
2. She has requested total 9 months leave effective Apr’11 to Dec’11
3. In between Maternity Leave from i.e., from 08-Aug-11 to 28-Oct-11 (i.e., 12 weeks)
4. Other part of Leave
a. From 01-Apr-11 to 07-Aug-11 (129 days)
b. from 29-Oct-11 to 31-Dec-11 (64 days)
She has submitted a doctor’s letter stating her expected date of delivery is 15-Sep-2011 and she has requested to be on leave from 01-Apr-11 to 31-Dec-11.
We require clarification on the following related to above:
1. whether company is bound to give extra ordinary leave while her leave balance is NIL
2. whether she should be advised to discontinue the job and re-join after delivery of baby
3. whether in between leave period i.e., Apr’11 to 07-Aug-11 and from 29-Oct-11 to 31-Dec-11 to be allowed as Leave Without Pay
4. what are legal compliances to be followed to avoid any complications
5. we have also provided Leave Without Pay (LWP) to female employees (ranging upto 3 months) on earlier occasions also that was post delivery of baby, In one of the case, the employee took liberty to extend leave for 5 months and then she was absent from job and asked to report back to duty but she didn’t join. Later on, she has resigned from job.
Female on Contract Vs Maternity benefits
1. A woman employee is hired on Contract
2. Contract duration is 1 year
3. Employee is deployed at client site
4. Employee is working in developing / maintaining software application
5. Attendance is confirmed by client on monthly basis
6. Contract value is paid on monthly basis subject to submission of bill & attendance in that particular month
7. She is the only resource deployed by us and working at that particular client site
Query:
1. Whether woman employee would be eligible for Maternity Leave under the above arrangements
2. In case, same employee is hired through third party / agency then whether being principal employer we are supposed to pay for her maternity benefit to agency
From India, Delhi
61. Medical Exigencies (Special Leave – 13 days) and other Leave from 01-Mar-11 to 31-Mar-11.
2. She has requested total 9 months leave effective Apr’11 to Dec’11
3. In between Maternity Leave from i.e., from 08-Aug-11 to 28-Oct-11 (i.e., 12 weeks)
4. Other part of Leave
a. From 01-Apr-11 to 07-Aug-11 (129 days)
b. from 29-Oct-11 to 31-Dec-11 (64 days)
She has submitted a doctor’s letter stating her expected date of delivery is 15-Sep-2011 and she has requested to be on leave from 01-Apr-11 to 31-Dec-11.
We require clarification on the following related to above:
1. whether company is bound to give extra ordinary leave while her leave balance is NIL
2. whether she should be advised to discontinue the job and re-join after delivery of baby
3. whether in between leave period i.e., Apr’11 to 07-Aug-11 and from 29-Oct-11 to 31-Dec-11 to be allowed as Leave Without Pay
4. what are legal compliances to be followed to avoid any complications
5. we have also provided Leave Without Pay (LWP) to female employees (ranging upto 3 months) on earlier occasions also that was post delivery of baby, In one of the case, the employee took liberty to extend leave for 5 months and then she was absent from job and asked to report back to duty but she didn’t join. Later on, she has resigned from job.
Female on Contract Vs Maternity benefits
1. A woman employee is hired on Contract
2. Contract duration is 1 year
3. Employee is deployed at client site
4. Employee is working in developing / maintaining software application
5. Attendance is confirmed by client on monthly basis
6. Contract value is paid on monthly basis subject to submission of bill & attendance in that particular month
7. She is the only resource deployed by us and working at that particular client site
Query:
1. Whether woman employee would be eligible for Maternity Leave under the above arrangements
2. In case, same employee is hired through third party / agency then whether being principal employer we are supposed to pay for her maternity benefit to agency
From India, Delhi
No where in your query you have mentioned whether the employee is covered under ESI Act or not. If the employee is covered under ESI Act then the entire MB will be taken care by ESIC.
Secondly you have mentioned the query of 3 years back, I fail to understand why the query is not raised during that financial year but is raised now. Last but not the least if the delivery was normal and no complication were reported by the doctors, the employee is entitled for Leave as Maternity Benefit Act only, all other leaves are termed as LOP/LWP
From India, Ahmadabad
Secondly you have mentioned the query of 3 years back, I fail to understand why the query is not raised during that financial year but is raised now. Last but not the least if the delivery was normal and no complication were reported by the doctors, the employee is entitled for Leave as Maternity Benefit Act only, all other leaves are termed as LOP/LWP
From India, Ahmadabad
As her EDD was 15.9.2011 she was eligible for maternity leave with wages for 12 weeks (6 weeks before and 6 weeks after delivery) provided she had worked with your firm for a period of 80 days before 15.9.2011 and submitted the required certificates.If she was under ESI then ESIC would be paying the benefit.She was eligible for one months leave with wages for having any illness arising out of pregnancy or delivery in addition to the above 12 weeks.Any leave beyond this is the Co's policy.For availing the leaves allowed under the MB Act she cannot be asked to resign.
Contract employees also are eligible for Maternity benefits under ESI Act or MB Act.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
Contract employees also are eligible for Maternity benefits under ESI Act or MB Act.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Maternity Leave Policy - posting.doc