Maternity Leave In India

Ms Vasanthi
Whether the company is refused to pay salary while you are in maternity leave. I presume you would have complied with the maternity leave process viz proper leave application, intimation to company on the date on which delivery took place. If they refuse to pay salary which you are eligible during the maternity leave, you can approach Labour Commissioner functioning in DMS in Teynampet, Chennai.
Gopu

I am a doctor, employed as a full-time consultant at a Private Hospital In Mumbai. Will I be eligible for leave under the Maternity benefit act? If yes, how long, without any monetary consequence?

A competent authority may grant to a female officer, maternity leave on full pay for a period of 90 days from the date of its commencement.

This amendment shall be deemed to have come into force with effect from 29th July 1980.

[G.O.(P)96/81/Fin.,dt. 5-2-1981]



Note 1.- Maternity leave is also admissible to temporary female officers under this rule.

Note 2.- [Deleted]

[G.O.(P)96/81/Fin.,dt. 5-2-1981]



Note 3.- The female candidates undergoing pre-appointment stipendiary training may be allowed leave for maternity purpose to the extent envisaged under this rule on full rate of stipend admissible. The benefit of this leave may also be granted in the case of miscarriage/abortion subject to the same conditions as laid in Rule 101 below.

This amendment shall be deemed to have come into force with effect from 1st August 1973.

[G.O.(P) 308/74/Fin.,dt. 20-9-1974]



Note 4 Maternity leave under this rule and Rule 101 shall be admissible to provisional female recruits continuing in service beyond one year provided they would continue in service but for proceeding on such leave.

This amendment shall be deemed to have come into force with effect from the 2nd July 1969.

[G.O.(P) 825/80/Fin.,dt. 31-10-1980]

Ruling

The expression ‘full pay’ occurring in the above rule means pay as admissible to an officer under Rule 92, Part I, Kerala Service Rules.

[G.O.(P) 413/90/Fin.,dt. 7-8-1990]

101.

Leave under Rule 100 above may also be granted to female officers in cases of miscarriage including abortion subject to the condition that the leave does not exceed six weeks and application for the leave is supported by a certificate from the medical attendant.

102.

Maternity leave may be combined with leave of any other kind but leave applied for in continuation of the former may be granted only if the request be supported by a medical certificate:

*Provided that no medical certificate shall be necessary for grant of any leave for a period not exceeding sixty days in continuation of maternity leave.

*Effective from 5th June 1978.

[G.O.(P) 428/79/Fin.,dt. 24-4-1979]

NoteRegular leave in continuation of maternity leave may also be granted to a female officer on her producing a medical certificate to the effect that the new born baby requires personal attention of the mother and her presence by the side of the baby is absolutely necessary.

Explanation.—The kinds of leave coming under regular leave mentioned in the Note are Earned Leave, Half Pay Leave, Leave Not Due and Leave Without Allowances only.

I would like to know when 6months maternity leave will become applicable for software companies. I would be soon going on maternity leave.

Dear Member,
Just wait & watch.No signals are there.
With Regards,
R.N.Khola

Hello Mr. R. N. Khola,
I have a query....
I am on thitd party payroll and having one year contract with company which will get ended on 31.12.2010. m in fifth month pregnancy. my company having 3 months naternity leave policy :
1. Can i take 3 month maternity leaves in one slot after deleivery ?
2. Or have to take 6 weeks earlier and 6 weeks later of delivery ?
3. When should i give leave application ?
4. These Maternity leaves are paid leaves or without pay ?
Please advise...
Thanks & Regards

Dear All,
I want to know.
1) If the employee joined before 1 month is she is able to get maternity benifit?
2)in consideration of same as above company dont have more than 10 lady workers or employees then if one of them after complition of one month of joining is able to get the maternity benifit?
3)If that above same lady is getting consolidated gross salary 15100/- is she is able to get maternity beniofits?
plz clarify my query.

Dear Member
You are allowed to have maternity benefit in shape of maternity leave for 6 weeks earlier and 6 weeks later of delivery. These are paid leaves.
For claiming maternity benefit you are to serve notice under section 6 of the Maternity Benefit Act, 1961 in the format as prescribed in your State Rules along with the certificate of the doctor regarding pregnancy on you employer before going on leave.
With Regards,
R.N.Khola

Dear Member,
According to section 5(2) of the Maternity Benefit Act, 1961 every woman employee become entitled to receive maternity benefit if she works for a continuous period of 80 days in the twelve months immediately preceding the date of her expected delivery.If the woman employee is not covered under the ESI Act, 1948 then in that case she is eligible to have maternity benefit under this M B Act of 1961.
With Regards,
R.N.Khola

Dear Sir,
There are some IT companies which give 1 yr unpaid maternity leave. I wanted to know..
1. Is unpaid maternity leave is counted in experience?
2. If some has completed 5yrs in the same organization but this includes 1 yrs unpaid maternity leave also, is she eligible for gratuity?
Regards
Riya