Stella 10 October 2019

Misuse of maternity benefit act by the employee

One of our employee is on leave from the moment she found that she is pregnant. she is on leave for almost 5 months, 2 months paid and 3 months unpaid. She is submitted medical certificate from a doctor practising in a private hospital that she is having diabetics. Can the employer ask her to report to work failing which initiate disciplinary action.

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 10 October 2019

confirm if she is pregnant or not, in case she is not then action may be taken

G.L.N. Prasad (Retired employee.) 11 October 2019

Study your rules and regulations, and certainly there is a provision calling an employee to appear before a panel of doctors selected by the employer for truth in the certificate. Always report the issue in writing to superior officers and get proper permissions as the matter is sensitive. The employer is having every right to call back any employee under exigency by paying him such traveling expenses and it all depends on the purpose for which leave was applied. In the case of medical necessity, whether the treatment requires such leave or not should be certified by a panel doctor.