Hi Sonali,
Please read Below mentioned Maternity Act,i hope this will clear your doubt...............
MATERNITY LEAVE AND BENEFIT POLICY
1.1 Objective:
The Maternity Leave and Benefit policy intends to:
a. Regulate the employment of women in the organization for certain period before and after child-birth
b. Provide maternity benefit
c. Ensure that the organization meets all obligations as mandated by the statutes of the state.
1.2 Effective:
The Policy will be in force with effect from _____________
1.3 Applicability:
The female employees (Regular, Probationers and Trainees) of the organization.
1.3.1 Leave Benefit
1.3.1.1 Eligibility
• All female employees on confirmed employment who are not covered under the ESI Act, 1948 and have completed 180 days of continuous service with the company are eligible for Maternity Leave.
• The maximum period for which any employee be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her ex delivery.
• Eligibility of benefit is restricted up to two surviving children only.
1.3.1.2 Regulations
• The applicant should inform about her pregnancy to the HR department minimum 2 months in advance before proceeding on leave.
• The application should be supported by a medical certificate confirming the pregnancy and expected date of child birth.
• Maternity leave may be combined with accrued Earned leave with prior approval.
• The applicant can avail six weeks leave before the date of delivery and six weeks leave post delivery. The maximum leave benefit under normal circumstances will be 12 weeks (3 months).
• Un-availed Maternity Leave is non-encashable.
• The weekly offs and holidays falling during this period will be part of the leaves availed.
1.3.1.3 Leave for Illness arising out of Pregnancy
• Any employee suffering from illness arising out of pregnancy, delivery, premature birth of child (Miscarriage, medical termination of pregnancy or tubectomy operation) is entitled to 4 weeks leave with pay, in addition to 12 weeks leave stipulated in 1.3.1.2 above.
• The employee shall produce a valid medical certificate from a registered medical practitioner along with her leave application and forward it to the HR department minimum 2 weeks in advance.
• The leave benefit under this clause is permissible only for the purpose it is intended for.
1.3.1.4 Leave without pay
• Leave without Pay are approved leaves which can be sanctioned only when employee is medically un-fit and unable to resume her duties and also has availed leave under clause 1.3.1.3 (leave for illness arising out of Pregnancy).
• In such cases, the employee shall produce a medical certificate stating the valid reason for such leaves.
• In normal circumstances, the benefit under this clause is limited to 4 weeks in addition to leaves provisioned under clause 1.3.1.3 above.
1.3.2 Pay Benefit
• The employee will be paid salary for the period stipulated in clauses 1.3.1.2 (Regulations) and 1.3.1.3 (Illness arising out of Pregnancy) above.
• The maternity benefit amount (salary) for the period preceding the date of expected delivery will be paid in advance. Eg.: An employee proceeding on Maternity leave from any date between 10th to 20th of a particular month, then she will be paid the salary for the next month in advance.
• The maternity benefit amount (Salary) for the subsequent period shall be paid within two days of delivery of a child subject to intimation from the concerned employee to the HR department.
• In addition, an amount of Rs.250/- will be paid one time “Medical Bonus”.
• The pay benefit for “Earned Leaves”, if availed in continuation with Maternity Leave shall be as per the “Leave Policy” in force.
1.4 Procedures & General Rules
• The leave application for availing “Earner Leave” accrued by the employee shall be produced minimum 2 weeks in advance.
• The leave application for availing “Leave without Pay”, shall be submitted minimum 2 weeks in advance. The sanctioning of leave under this clause is at the sole discretion of the sanctioning authority of the Company and should not be perceived as a right for entitlement.
• In normal circumstances, the employee should resume her duties post maternity benefit stipulated above; failing which the leave period will be treated as unauthorized leave. Consequently, disciplinary action will be initiated and no salary will be paid for these days.
• Leave deductions (Leave without pay and Notice Period) shall be calculated at the rate of gross payroll salary.
Special Mention: Resignations post Maternity Benefit.
• If an employee wishes to exercise her option to resign her employment immediately after availing the leave with salary benefit under “Maternity” is accepted only on medical grounds. In such case, the reasons stated in the medical report will be mentioned in the relieving letter.
NOTE:
I. The onus of timely submission of approved leave application forms to the HR department lies completely on the person and while processing the payroll no prior intimation will be sent to the defaulting individuals. Information regarding number of paid days will be mentioned in the pay slip of the month.
II. Any exceptions would have to be approved by the relevant authority.
III. The “Maternity Leave Application Form” is appended below.
This policy is enforced w.e.f 1st April 2008 and supersedes all previous policy.
MATERNITY LEAVE APPLICATION FORM
HRM FORM
PERSONAL DETAILS
First Name: Middle Name: Last Name:
Maternity Leave Type Start Date Return Date Remarks(if any)
1Leave prior to child birth (max. 6 weeks)
Leaves post child birth (max 6 weeks)
Earned Leave combined with Maternity Leave (subject to accrued leave balance)
2 Leave for illness arising out of pregnancy (max 4 weeks)
3 Leave without Pay (Max 4 weeks)
* Medical certificates required for periods of medical leaves
* - Please provide medical certificate for ( 1 ), ( 2 ) & ( 3 ) above.
Applicant Signature:
Recommending Authority Approving Authority HR Use Only
Regards
Ankita
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