---Total Maternity benefit 12 weeks: out of which not more than 6 weeks shall precede the date of expected delivery.
So after delivery a woman is entitled for Maternity benefit, say 6 weeks.
----Then another one month leave can be availed:
“A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}. “
This leave can not be refused.
You should avail this leave and salary for this period.
The employee has been on Maternity leave and thereafter medical leave is required due to complications arising out of pregnancy and delivery.
The further extension is also sought due to complication/medical reason arising out of pregnancy and delivery.
If EL is sanctioned ( Produce leave application and approval) then it can be construed that company has a policy or agreed in your case to club Maternity Leave with EL.
You should apply for further sick leave by proper leave application ( with category of leave mentioned as sick l;eave) and by attaching advice of the doctor/medical certificate for bed rest, thru redg. post preferbaly and retain the POD.
The medical issues/complications mentioned by you are due to pregnancy/delivery and the employee has been submitting Doctor’s Rx/advice for seeking leave for treatment of complications arising out of pregnancy/ to meet the family obligations post delivery. The condition of the lady may be just and justified for extended leave even if unpaid. And doctor has advised bed rest.
Female anatomy is complex and a lady risks her life while giving birth to a child.
The effects on the health can be far reaching and in case of some women more time may be required to return to normalcy. A small mistake can adversely affect the health of the female may even render her unable to reproduce later.
While employer may insist that the lady may resume duties at the earliest the lady may feel that her body does not allow it to join now and she needs some more time.
It is suggested that the temptation for termination may be avoided and employer may rather allow to work from home. Reach an agreement.
The decision of termination apprehended by you may be termed discriminatory and bad, and may become
penultimate for both employee and employer.
HR/IR has their duties and responsibilities cut out for them, including: “Preparing for Employee Termination.” And avoid “Wrongful Termination” also “Adjustment for Employees who are Pregnant, on maternity leave, on leave after delivery.”
Does the employer have a reason for Termination/lay off which is unrelated to leave?
(This may not be an easy task.)
The woem employee in this case is not feigning sickness? Employer should resort to principle of natural justice?
There are many threads on similar subjects e.g: you may find these useful.
https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UbicovlVPxo
https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM
https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM
https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM
https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM
Your boss and HR is not your employer.
You can escalate to good offices of Appointing Authority, MD, Chairman, Company Secretary.
---------Has your company paid you the Maternity Benfits so far?
6. Notice of claim for maternity benefit and payment thereof. –
“ (5) The amount of maternity benefit for the period preceding the date of her expected
delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.”
------“ 8. Payment of medical bonus. -- Every woman entitled to maternity benefit under this
Act shall also be entitled to receive from her employer a medical bonus of twenty-five rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.
It is felt that this amount has been increased to Rs.3500/-
