I have a query on maternity leave for an employee. She joined us on 1st Oct 2024 and didnt inform us that she is carrying. Last week she had medical complications and had to deliver her baby premature. Her actual date of deliver was supposed to be Jan 2025 but due to the current complications she delivered last weekend and is requesting for maternity leave. She has not completed the mandatory 80 working days in the organization. Can the Organization deny her the paid maternity leave but offer her Loss of pay for the same duration of maternity period (26 weeks)? Will there be any legal complications if we dont offer the paid maternity leave ?
As per legislation, this employee can not claim Maternity Leave. However if the insurance company coverage starts upon joining, she may claim maternity expenses.
Rest all up to the organization. Not sure is there any point in retaining the employee indefinitely under probation, no working - no salary mode.
I think there is no legal obligation for the employer to pay maternity benefit to this employee. Let’s also listen to other expert fellows in this space.
As per labour law legislation, the particular employee is not eligible for Maternity Leave as the mandatory condition is not covered. Hence it is not compulsory.
But normally the Company takes medical fitness checkup report from the employee before joining. If the report states the Carrying information and based on the same the Company allowed her joining, than it will be legal obligation and bound to provide the Maternity benefit to such employee.
It is good that the organization is willing to consider her employment on no work - no pay basis. Whatever you do to support this person would him in building the right culture for the organization. You may also want to review or have a Medical Check policy to ensure you take informed decisions going forward.
Under the Maternity Benefit Act, 1961, an employee is eligible for paid maternity leave if she has worked for at least 80 days in the 12 months preceding her expected delivery date.
In this case, since the employee joined in October 2024 and delivered prematurely in November 2024, she does not meet the 80-day eligibility criterion.
Legally, the organization is not obligated to grant paid maternity leave due to her ineligibility. However, offering unpaid leave for the maternity period (26 weeks) is a reasonable alternative and would not result in legal issues, as the statutory requirement for paid leave does not apply in this instance.
The organization should also review its internal policies to confirm if there are any provisions offering maternity benefits beyond the legal requirements. Providing unpaid leave during such a critical period demonstrates compassion and supports employee welfare, which could positively impact workplace morale.
In summary, denying paid maternity leave is legally justified, but granting unpaid leave is a considerate and compliant alternative.