Maternity act 2017
Honey
(Querist) 18 September 2017
This query is : Resolved
A lady join us Feb 17 and conceived in April 2017 and she is till date taken leave more than 43 days on the ground of his pregnancy company have 5 day a week ,she is not able fit at all and after April she taken leave very very frequently with out intimation or approval and only called to hr not feeling well and now she is also have performance issuesdue to absenteeism also when will ask about his leave said doctor advised to bed rest but she visit his home town with his mother and enjoying bed rest period of 2 weeks and one week also extend if will ask any questions she said I am pregnant and not to come office
In such case what will do can we terminate her service
Ms.Usha Kapoor
(Expert) 18 September 2017
She is entitled to maternity leave for 26 weeks even in private sector According to Maternity benefit Amendment Act wh9ich has not come into force a syet. But in order to avail such benefit shew needs to work fo r atleast 80 days in th epreceding 12 months withou twhich she i sno teligible to apply fo rmaternity leave of 6 monthsa or 26 weeks.
The proposed changes the Act is going to bring are:
Maternity leave increased from 12 to 26 weeks.
Female employees with at least two children continue to be entitled to 12 weeks of maternity leave.
Maternity leave of 12 weeks for female employees adopting a child below 3 months and for commissioning mothers.
Employers having at least 50 employees to provide creche facility.
Working mothers may be entitled to work from home.
Effective date of the amendment yet to be notified.
The wait finally ends! Maternity leave in India stands increased to 26 weeks for the private sector. The effective date of the amendment will be separately notified.
After enactment of the stringent law on prevention of sexual harassment of women at workplace in 2013, the Indian government has now given female employees another reason to rejoice. With this development, maternity leave to be offered by private employers in India has been brought at par with that of government employees in India. It is significant to note that India now surpasses many European and Asian countries in terms of maternity benefits being provided to working mothers.
Following enactment of the Maternity Benefit (Amendment) Act, 2017 (“Maternity Amendment Act”) on March 27, 2017, the law also (a) extends maternity benefits to commissioning and adopting mothers, (b) mandates employers to provide creche facilities at the establishment, (c) allows women to work from home in certain cases and (c) requires employers to inform female employees at the time of their joining about maternity benefits available to them
Kumar Doab
(Expert) 18 September 2017
Subsequent to post of Ms. Usha Kapoor you may repost what exactly is your issue.
Leave by female employee that is pregnant after joining the establishment.
If she has been informing/intimating leave by say;phone calls/SMS then if you wish send her the leave application format and ask to submit docs as per applicable leave policy and send her the requisite and prescribed forms as per provisions of applicable enactments to your establishment, to avail Maternity Benefits .
Rajendra K Goyal
(Expert) 18 September 2017
If she is not submitting leave application with medical certificate justifying her leaves, disciplinary proceedings can be initiated against her after issuing explanation letter.
Dr J C Vashista
(Expert) 19 September 2017
I agree with expert Mr. Rajendra K Goyal, she (employee) has not submitted medical report/document regarding her pregnancy or sickness, she is not entitled for any leniency or leave, accordingly she is absent without leave and the company should proceed disciplinary action.
Moreover, whether she has completed her probation and became eligible for maternity leave?
Discuss with a local lawyer practicing service matters with all facts.
Rajendra K Goyal
(Expert) 19 September 2017
Expert Dr. J.C. Vashishta ji,
Thanks for agreeing.
