Dear Sir, The same is applicable to Maharashtra state also? Plaese let me know where coudl i find the information related to current labour laws in Maharashtra. Regards, Dadasaheb
From India, Mumbai
From India, Mumbai
Dear all
My post referred to above is an extract of the provisions of the Maternity Benefit Act which is applicable throughout India. A copy of the Maternity Benefit Act is available in Cite Hr. If you search for it you would get it. In case the employer is not giving the maternity benefit, the option open is to file a complaint with the Inspector under the Maternity Benefit Act in respect of the establishment in which the employee is employed. In the case of factories, it is the Inspector of Factories. In the case of shops/establishments it is the Inspector under the Shops Act for that establishment.
With regards
From India, Madras
169My post referred to above is an extract of the provisions of the Maternity Benefit Act which is applicable throughout India. A copy of the Maternity Benefit Act is available in Cite Hr. If you search for it you would get it. In case the employer is not giving the maternity benefit, the option open is to file a complaint with the Inspector under the Maternity Benefit Act in respect of the establishment in which the employee is employed. In the case of factories, it is the Inspector of Factories. In the case of shops/establishments it is the Inspector under the Shops Act for that establishment.
With regards
From India, Madras
Dear Sir (s),
I have a couple of queries regarding the maternity act-
a) a woman can claim maternity benefit if she has worked from a minimum number of 80 days in the preceding 12 months; now the question is if the employee was on probation period of 3 months, are those 3 months will be considered for counting 80 days. what about leave without pay, if that employee has taken a lot of leaves which exceed the leave entitlement then can those leaves will be deducted while counting the 80 days.
b) the act says she is entitled to receive maternity benefit at the rate of the average daily wage; what does average daily wage stand for; are conveyance allowance, special allowance to be paid and is the employer needs to contribute to the PF during that time.
c) The act says that the maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day; does the employee has an option of not availing the six weeks before delivery an can take the total 12 weeks after the delivery?
d) what happens if the employee does not continue after 12 weeks can the company claim back the money it paid?
Looking forward to your suggestions.
Thanks
Priti
From India, Delhi
I have a couple of queries regarding the maternity act-
a) a woman can claim maternity benefit if she has worked from a minimum number of 80 days in the preceding 12 months; now the question is if the employee was on probation period of 3 months, are those 3 months will be considered for counting 80 days. what about leave without pay, if that employee has taken a lot of leaves which exceed the leave entitlement then can those leaves will be deducted while counting the 80 days.
b) the act says she is entitled to receive maternity benefit at the rate of the average daily wage; what does average daily wage stand for; are conveyance allowance, special allowance to be paid and is the employer needs to contribute to the PF during that time.
c) The act says that the maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day; does the employee has an option of not availing the six weeks before delivery an can take the total 12 weeks after the delivery?
d) what happens if the employee does not continue after 12 weeks can the company claim back the money it paid?
Looking forward to your suggestions.
Thanks
Priti
From India, Delhi
Dear Ms.Priti
Answer to your question (a):-(i) Period on probation has to be reckoned for computing the 80 days service.This is not expressly stated in the Maternity Benefit Act. But the explanation to section 5(2) the Maternity Benefit Act enumerates the days which has to be reckoned for computing the 80 days. This explanation says "the days on which the woman had actually worked" has to be included in calculating the 80 days. Therefore period of probation is included.
(ii) Leave without pay cannot be included as the above mentioned explanation does not specify leave without wages.
Answer to your question (b):- Please see the explanation to section 5(1). Average daily wage means the average of the woman's wages payable to her for the days on which she worked during the three calendar months immediately preceding the date from which she absents herself on account of maternity.
Answer to your question (c):- Please see section 5(3) According to this section the maximum period of maternity benefit that could be availed before the actual date of delivery cannot exceed six weeks. Only the maximum limit is prescribed. Minimum period of maternity benefit prior to the date of delivery is not prescribed. Therefore it is legally permissible for a woman to work until the date of delivery and avail the 12 weeks on and from the date of delivery.
Answer to your question (d) If the employee does not continue after 12 weeks the company cannot claim back the money it paid. The payment of the maternity benefit as provided for under the Maternity Benefit Act is not conditional on the continuation of the services with the employer who paid the maternity benefit.
With regards
From India, Madras
Answer to your question (a):-(i) Period on probation has to be reckoned for computing the 80 days service.This is not expressly stated in the Maternity Benefit Act. But the explanation to section 5(2) the Maternity Benefit Act enumerates the days which has to be reckoned for computing the 80 days. This explanation says "the days on which the woman had actually worked" has to be included in calculating the 80 days. Therefore period of probation is included.
(ii) Leave without pay cannot be included as the above mentioned explanation does not specify leave without wages.
Answer to your question (b):- Please see the explanation to section 5(1). Average daily wage means the average of the woman's wages payable to her for the days on which she worked during the three calendar months immediately preceding the date from which she absents herself on account of maternity.
Answer to your question (c):- Please see section 5(3) According to this section the maximum period of maternity benefit that could be availed before the actual date of delivery cannot exceed six weeks. Only the maximum limit is prescribed. Minimum period of maternity benefit prior to the date of delivery is not prescribed. Therefore it is legally permissible for a woman to work until the date of delivery and avail the 12 weeks on and from the date of delivery.
Answer to your question (d) If the employee does not continue after 12 weeks the company cannot claim back the money it paid. The payment of the maternity benefit as provided for under the Maternity Benefit Act is not conditional on the continuation of the services with the employer who paid the maternity benefit.
With regards
From India, Madras
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf