1. PURPOSE
At Apex Instruments Company Private Limited (hereinafter referred to as ‘Apex’), we recognize that women are an integral part of our workforce and enjoy the same rights as men. However, we understand that pregnancy and childbirth can present significant physical and psychological challenges for women. As a company, we are committed to supporting our female employees during and after pregnancy by providing them with certain benefits to help them navigate this important phase of their lives.
This policy outlines the company's commitment to supporting employees who are pregnant or have recently given birth. It provides guidelines for how the company will accommodate pregnant employees and ensure their health, safety, and well-being during this significant life event. By offering these benefits, we hope to demonstrate our commitment to creating an inclusive and supportive workplace that values the health and well-being of all our employees. Additionally, we believe that supporting our female employees during this critical time will encourage more women to participate in the workforce and promote gender equality in our country.
Further, we understand the importance of the participation of the husband during the pregnancy period and therefore we aim at providing adequate benefits in this regard. Considering the same, Apex provides Paternity Leaves to its employees to have a paid- time off to provide the additional support required by his wife after her pregnancy and bond with their child.
2. SCOPE
This policy has been created in accordance with the provisions of “Maternity Benefit Act, 1961” (hereinafter referred to as “the Act”) and the rules framed thereunder, to ensure that all pregnant employees are treated fairly and equitably in the workplace. It demonstrates the company's commitment to supporting employees through this significant life event, promoting employee retention, and creating an inclusive and supportive workplace culture.
This policy further lists the procedure for applying for leave and for resuming work for the employees both male and female, who are undergoing pregnancy, adoption, abortion, etc. Apex assures to make reasonable adjustments to accommodate any changes in the employee’s circumstances.
3. APPLICABILITY
All full time women employees (hereinafter referred to as “employees”) of Apex working in India for a period not less than eighty days in the twelve months immediately preceding the date of their expected delivery and/or adoption. However, an employee serving notice period shall not entitled to any benefit under this policy.
4. DEFINITION
The Act defines the following terms as follows:
4.1. Adoption- It means legally taking another’s child and bringing it up as one's own;
4.2. Child- It includes a stillborn child;
4.3. Delivery- It means the birth of a child;
4.4. Miscarriage- It means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);
4.5. Employee- It means a woman employed, whether directly or through any agency, working on a full-time basis with Apex.
5. ENTITLEMENT
As specified under the Act, Apex permits its female employees to avail the benefits under this Policy for the following reasons-
5.1. Pregnancy and child birth and adoption;
5.2. Miscarriage or medical termination of pregnancy;
5.3. Tubectomy operation;
5.4. Illness arising from any of the above
6. EXTENT AND PERIOD OF LEAVE
Following the provisions as laid down under the Act Apex allows the following leaves to its employees –
6.1. Maternity Leaves
6.1.1. In case of Child Birth- Apex recognizes the importance of supporting employees during significant life events, such as childbirth and adoption. As such, we provide paid maternity leave to eligible female employees for a period of 26 weeks.
During this 26-week period, employees may choose to take up to 8 weeks of leave before their delivery date, including the date of delivery, and the remaining weeks after their delivery. Alternatively, employees may choose to take the entire 26-week period after the birth of their child.
In the case of adoption of a child under three months of age, or in the case of a commissioning mother, the employee is entitled to 12 weeks of maternity leave from the date that the child is handed over to the adopting or commissioning mother.
6.1.2. In case of a miscarriage or medical termination of pregnancy- At Apex, we understand that experiencing a miscarriage or medical termination can be a traumatic event. As such, we provide support to our employees during this difficult time by offering a 6-week paid leave immediately following the date of the miscarriage or medical termination.
6.1.3. In case the employee undergoes a Tubectomy operation- At Apex, we understand that undergoing a tubectomy operation can be a significant medical event. As such, we provide support to our employees during this time by offering 2 weeks of paid leave immediately following the date of the operation
6.1.4. Special Maternity Leave- At Apex, we understand that pregnancy and childbirth can be accompanied by a variety of medical challenges, including illness arising from these events. As such, we provide support to our employees during these difficult times by offering a paid special maternity leave of up to 1 month in the event that an employee experiences an illness related to pregnancy, delivery, tubectomy operation, premature birth of a child, miscarriage, or medical termination.
6.2. Paternity Leaves
6.2.1. An eligible male employee under this policy shall be entitled to eight (8) weeks of paid paternity leave, inclusive of weekends, rest days, national holidays, and any other non-working days that occur during the period.
6.2.2. The leave taken under this policy has to be for a continuous period of 30 days and can not be taken in intervals and/or parts. In case an employee is resuming work before expiration of the 8 calendar week, then it shall be presumed that the employee has voluntarily surrendered the remaining period of the leave and the same shall be considered to have lapsed.
6.3. To be eligible for this benefit, employees must provide relevant medical documents to support their claim for special maternity leave.
6.4. However, Apex makes it abundantly clear that benefits under this Policy is event based and cannot be accumulated and/or encashed.
7. PROCEDURE FOR APPLYING FOR LEAVE
Apex recognizes the importance of providing clear guidelines and procedures for employees who wish to apply for maternity leave. The employees are to follow the underlying procedure to apply for leave:
7.1. To apply for maternity and/or paternity benefits, an employee must submit a written application to the designated authority at least 4 weeks before the start of the leave. In case of an emergency, where giving prior notice was not possible, the company may consider the urgency and grant such leave. Employees may apply for maternity leave twice during their tenure at Apex.
7.2. The female employee eligible for leave under this policy must submit a medical certificate along with the application for leave, stating the reasons for such leave.
The male employees applying for leave under this policy shall submit the birth certificate of their child to avail leave under this policy and/or such necessary documents as asked for by Apex.
7.3. The period of paid leave under this policy shall include weekends, holidays, statutory holidays, and other types of leaves.
7.4. The leave days applied for shall be for a continuous period without any break. Once the employee resumes work after giving birth to the child, they cannot apply for leave again on the grounds that their leave days have not been exhausted.
For instance, if an employee applies and proceeds for her maternity leave on 20th June, delivers a child on 06th July, and resumes work after 9 weeks of leave, i.e., 22nd August, she cannot claim or avail leave for the remaining 17 weeks; OR for instance, an employee applies and proceeds for his paternity leave on 20th May and resumes work after 6 weeks of leave i.e. 1st July. In this scenario, he cannot claim and/or avail leave for the remaining 2 weeks.
8. REPORTING BACK TO WORK
We understand that our employees taking leave will need a smooth transition back to work and for the same, we have established the following policy for employees who have been on leave for a period extending 30 working days:
8.1. Leave End Declaration: An employee who has been on leave for a period exceeding 30 working days, regardless of the combination of leave types taken, is required to complete a 'Leave End Declaration'. This declaration must be submitted to the designated authority at least 7 days before the date of rejoining work. Upon receiving approval, the employee shall join back to work. The approved ‘Leave End Declaration’ shall duly be forwarded to the employee’s reporting senior for record-keeping purposes.
8.2. Mandatory Declaration: The ‘Leave End Declaration’ must contain the date of the employee’s return to work, as well as a declaration that the employee agrees and undertakes not to avail of any leave benefits under this policy for the same instance after rejoining work.
9. TERMS AND CONDITIONS
We want to ensure that our maternity and paternity leave policy is implemented fairly and effectively. To that end, we have established the following terms and conditions:
9.1. Employment during Maternity Leave: An employee who is on leave under this policy cannot take full-time or part-time employment for remuneration or any other reason during the leave period. If Apex is notified of any such activity and/or employment, the employee will be given a fair chance to explain. If Apex is satisfied that the employee had engaged in such activity and/or taken up employment with another organization during such leave, Apex shall have the right to terminate the employee immediately, and the employee shall not be entitled to any benefits whatsoever.
9.2. Delayed in returning to work: If an employee fails to return to work after the expiry of their paid leave period and/or as specified in their ‘Leave End Declaration’, Apex reserves the right to deduct the pay for any additional and unauthorized leave. However, if the employee provides a reasonable explanation for such delay after being given a fair chance to explain, no deductions will be made.
9.3. Additional Documentation: Apex may require additional documents from the employee for verification and/or record-keeping purposes. The employee must provide such documents within the specified time to ensure that they are granted benefits under this policy.
10. DISPLAY OF THIS POLICY
10.1. Apex shall display this Policy on the Apex website as well as display the same conspicuously on the notice boards of each of its offices in English.
10.2. Each employee shall view and confirm to these policies upon joining and/or upon the same being enforced by Apex.
LEAVE END DECLARATION
(APEX MATERNITY BENEFIT POLICY)
Date: __________________
I, Mrs./ Ms. ___________________, wife/ daughter of ____________, aged about ____ years, working for gain at Apex Instruments Company Private Limited (Apex), _____ branch, designated as ____________, do hereby agree and declare as follows:-
1. That I have availed benefits as specified under the Maternity Benefit Policy of Apex and have been on a maternity leave on and from ________ i.e., for a period of _____ days.
2. That I have exhausted and/or am willing to resume work on and from ________ at my sole discretion.
3. That I no longer intend to avail any leave benefits under this Policy for my present pregnancy, miscarriage and/or child birth. In case any of my leaves under this Policy is pending and/or remaining, I surrender the same and shall no longer claim any such leave.
4. The abovementioned statements are true to the best of my knowledge.
_____________________________
Signature of Declarant/ Employee
FORM FOR AVAILING MATERNITY BENEFIT
(APEX MATERNITY BENEFIT POLICY)
Date: ____________
DETAILS TO BE FILLED IN BEFORE TAKING LEAVE
1. Name of Employee: ___________________________________
2. Name of Father/ Husband: ___________________________________
3. Date of Appointment: ___________________________________
4. Current designation at Apex: ___________________________________
5. Attendance of employee in last 12 months: ___________________________________
6. Date from which leave is sought: ___________________________________
7. Reason for such leave: ___________________________________
8. Name of Nominee availing monetary benefits on behalf of the employee (in case of mishap): ___________________________________
DETAILS TO BE FILLED IN AFTER JOINING BACK
(Please provide necessary documents in this regard)
1. Date of delivery of Child/ Miscarriage/ Tubectomy operation/ medical termination: ___________________________________
2. Date of discharge from hospital: ___________________________________
3. Date of Re-joining work: ___________________________________
_________________________________
Signature of Employee