sonveersingh-bhati
Dear All, In our organisation one female employee joined in the month of November 2023 and now she informed us that she has the expected date of delivery in the month of June 2023. Pls, suggest when to count her working days and her maternity benefit. Now she is on probation
From India, Noida
sonveersingh-bhati
Can we demand for her resignation?
From India, Noida
raghunath_bv
163

Hi Sonveersingh-Bhati

t seems there might be a mistake in the dates you provided, as the expected date of delivery is mentioned in the past (June 2023). Assuming the correct information is that the female employee joined in November 2023 and has an expected date of delivery in June 2024, I'll provide guidance based on that.

Since the employee is on probation and has informed about her expected date of delivery, it's essential to consider the applicable laws and company policies regarding maternity leave. Maternity leave entitlements and benefits can vary widely depending on the jurisdiction and company policies.

In many cases, maternity leave is counted from a few weeks before the expected date of delivery and may extend for several weeks after childbirth. It's crucial to check your organization's maternity leave policy and the legal requirements in your jurisdiction.

Here are general steps you can take:

Review Company Policies: Check your company's HR or personnel policies to understand the specific provisions for maternity leave. Companies often have guidelines on when employees can start their maternity leave and how long it can last.

Communicate with the Employee: Discuss the situation with the employee to understand her preferences and any specific needs she may have during this time. Clarify the company's policies and procedures regarding maternity leave.

Documentation: Ensure that the employee provides the necessary documentation, such as a medical certificate confirming the expected date of delivery. This documentation is often required to initiate maternity leave and related benefits.

Probationary Period: Understand how the probationary period might impact maternity leave benefits. In some cases, probationary employees may have limited access to certain benefits.

Legal Compliance: Ensure that your organization complies with relevant labor laws and regulations regarding maternity leave. This includes understanding the minimum duration of maternity leave required by law.

Record Keeping: Keep accurate records of the employee's working days, attendance, and any leave taken. This documentation is important for HR and payroll purposes.

Inform Other Departments: Communicate the employee's maternity leave plans to relevant departments, such as HR, payroll, and the employee's immediate supervisor, to ensure a smooth transition during her absence.

Given the complexity and variability of maternity leave policies, it's advisable to consult with your HR department or legal counsel to ensure compliance with applicable laws and to address the specific circumstances of the employee in question.
Thanks

From India, Bangalore
vmlakshminarayanan
951

Hi,

Employee joined in the month of Nov,2023 and expected date of delivery in the month of June,2023 ??????? Hope it is June,2024.

Please note that as per Maternity Benefit Act Female Employees are eligible for Maternity Benefit if they have worked with their employer for at least 80 days in the 12 months preceding the date of her expected delivery. So please check actual DOJ and expected date of delivery

From India, Madras
PRABHAT RANJAN MOHANTY
589

The female employee is not eligible for maternity leave. The employee is not meeting the eligibility criteria for not putting 80 days of working.
From India, Mumbai
PRABHAT RANJAN MOHANTY
589

Inform the lady that company can't extend the maternity leave since she is not fulfilling the eligibility criteria.
Since the lady is on probation wait till she completes her probation period sucessful otherwise she would face termination.

From India, Mumbai
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