Maternity Leave In India

Dear Mr.Khola,

I am trying to understand more about 12 weeks payment for Maternity Benefit Act.

I am an HR head in a chemcial dosctribution company and we are covered under Bombay Shops & Establishment.

I have a handy information with me which says that : "As per Maternity Benefit Act, a woman employee who has worked atleast 80 days during 12 months immediately preceding the date of expected delivery are to be given leave with salary for 12 weeks. This can be availed as 6 weeks prior to the date of expected delivery and six weeks after the delivery. It is not mandatory that she should avail 6 week leave prior to the date of delivery but she can take the entrie 12 weeks leave after the delivery".

My management refers to the bare act which says 6 weeks prior to the date of expected delivery and 6 weeks after the delivery. We are having maternity benefit case in the organisation for the first time and the lady did not take leave before delivery ar all. she was working till last day of the week i.e. Satruday and got delivered on Sunday.

Management says since she has not take 6 weeks leave before delivery that payment is not applicable to her and company will pay her paymet for 6 weeks as applicable after delivery.

I cannot find any circular on this to clarify to our management.

Please help.

Regards,

Yogita

Dear Yogita,
As already explained to Ms Daisy it is again clarified that according to section 5(3) of Maternity Benefit Act, 1961 the maximum period of which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery. There is no special notification to this effect. We are to understand this section only i.e. section 5(3) and according to this section the eligible woman employee is allowed to take maximum 6 weeks maternity leave before the date of expected date of her delivery out of 12 maximum weeks leaves but she can not be forced to take these 6 weeks maternity leaves before delivery.
Opinion submitted as requested.
R.N.KHOLA
(LL&IR)


Welcome Skylark Associates

Recently this law has been modified by increasing the number of day.
Maternity leaves are increased upto 6 months in case of delievery and 3 months in case of miscarriage.
As far as salary is concerned, full wage is applicable during these leaves except some allowances like travelling/transportaion etc.
PS: this is as per my knowledge though you can consult some one expert.
Regards,
Sandeep

Dear All,
In our Organization there are three types of leaves:
CL

Hi All,
I am working in a Private Builder company (real estate developers). Our company has a written policy for availing ML after 9 months of working, coincidentally I applied for Maternity Leaves on completing just the 9 months of my service.
Now the HR people are saying that the policy is of 1 year and not 9 months, but after requesting them many times they have not provided any written policy.
What shall I do in this situation, I am right now on maternity leaves but company is not paying me any salary. Help and suggestions required.
Thanks in advance
Meeta

Hi Sir,
My company previously had a 9 months working mandatory before applying for Maternity Leaves. They say its a 1 year policy now but have not shown any written policy in this regards.
Sir, Now they are quoting Maternity Benifits Act 1961 and saying as per this Act the mandatory service is 1 years (12 months) for applying Maternity Leaves. I have had many rounds of persuasion but they are firm on their decision on not parting me the due Salary for Maternity Leaves period as they are considering it Leaves Without Pay.
Sir, Please confirm my eligibility according to this Act.
Sir, Also wanted to know how hard will it be to get this resolved from Labour Commisioner office as its a Govt Dept. What all documents I need to take along when going to thier office? Is getting a Lawyer involved in it will make any difference or shall I pursue in front of Labour Commisioner on my own?
Thanks again Sir.

Hi R N Khola Sir, I appreciate your advise. Its really helpful and has worked for me. I thank you from the core of my heart. Keep up your good work. Thanks a lot again.

Hi Friends,
I just wanted to know that if female employee has completed her 12 week maternity leave and she want to extension of leave.
please let me know in this case how many days leave paid / LWP can be section as per law.
Sohan Singh Gusain.

Hi,
my wife is the teacher in a Recognized private school ,
They will pay full wages on maternity leave before two month ago, but when my wife apply to maternity leave at last month they will tell to her , they will pay only half wages of month,without given prior notice for that.
what we should for claim full wages,

Dear
I would like to know i am eligible for ESIC but i am not taking ESIC benefit will i be entitle for 12 weeks pregnancy leave.
Regards