Hi,
I am working on policies for an organization covered under Bombay Shop and Establishment Act.
According to Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed, I wanted to know if there is a minimum period criteria & if not then is it required by law to cumpolsorily grant 12 weeks or can the specified period be reduced.
Please do help.
Sharon
From India, Mumbai
I am working on policies for an organization covered under Bombay Shop and Establishment Act.
According to Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed, I wanted to know if there is a minimum period criteria & if not then is it required by law to cumpolsorily grant 12 weeks or can the specified period be reduced.
Please do help.
Sharon
From India, Mumbai
296
Dear UKmitra
Ive tried the search but had no luck.
All the information is about 12 weeks maximum. But nothing is available about the minimum criteria.
If u have any idea about the same kindly let me know
Regards,
Sharon
From India, Mumbai
Ive tried the search but had no luck.
All the information is about 12 weeks maximum. But nothing is available about the minimum criteria.
If u have any idea about the same kindly let me know
Regards,
Sharon
From India, Mumbai
Dear Sharon,
Please read the bare act carefully. It answers all your query. Just a snapshot of the act:
4. Employment of, or work by, women prohibited during certain period.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately
following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a
request being made by her in this behalf, be required by her employer to do during the
period specified in sub-section (4) any work which is of an arduous nature or which
involves long hours of standing or which in any way is likely to interfere with her
pregnancy or the normal development of the foetus, or is likely to cause her miscarriage
or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be –
(a) at the period of one month immediately preceding the period of six weeks, before
the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does
not avail of leave of absence under section 6.
So, you see theer is no minimum citeria is mentioned in this. But an femal employee can claim ML provided as follow:
1. No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
2. 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:
UNQUOTE
The is very interesting Act, if you see and read it. There are debate also going amongst the experts on this act and I really hope that more benefits are added to the additional Act, which needs to be reviewed as per current life style. Especially, covering the entire cost of pregancy for all Tax payer female employee and weaker section, @ the cost of Government and State Government. Lets pray to God and fight for this right.
Regards
UKmitra
From Saudi Arabia, Riyadh
Please read the bare act carefully. It answers all your query. Just a snapshot of the act:
4. Employment of, or work by, women prohibited during certain period.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately
following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a
request being made by her in this behalf, be required by her employer to do during the
period specified in sub-section (4) any work which is of an arduous nature or which
involves long hours of standing or which in any way is likely to interfere with her
pregnancy or the normal development of the foetus, or is likely to cause her miscarriage
or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be –
(a) at the period of one month immediately preceding the period of six weeks, before
the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does
not avail of leave of absence under section 6.
So, you see theer is no minimum citeria is mentioned in this. But an femal employee can claim ML provided as follow:
1. No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
2. 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:
UNQUOTE
The is very interesting Act, if you see and read it. There are debate also going amongst the experts on this act and I really hope that more benefits are added to the additional Act, which needs to be reviewed as per current life style. Especially, covering the entire cost of pregancy for all Tax payer female employee and weaker section, @ the cost of Government and State Government. Lets pray to God and fight for this right.
Regards
UKmitra
From Saudi Arabia, Riyadh
Dear UKmitra,
With due respect to your answer this is to inform you that the Govt. have made amendment in section 5(2) by Act 61 of 1988 & by virtue of this amendment 160 days has been substituted as 80 days.Now this is in operation since 10.01.1989.
With Regards,
R.N.Khola
From India, Delhi
With due respect to your answer this is to inform you that the Govt. have made amendment in section 5(2) by Act 61 of 1988 & by virtue of this amendment 160 days has been substituted as 80 days.Now this is in operation since 10.01.1989.
With Regards,
R.N.Khola
From India, Delhi
Dear UKmitra,
I completely agree with you. This is definitely a very confusing act and needs more clarifications & there should be more benefits added to it too.
Thanks for your reply.
Regards,
Sharon D'Souza
From India, Mumbai
I completely agree with you. This is definitely a very confusing act and needs more clarifications & there should be more benefits added to it too.
Thanks for your reply.
Regards,
Sharon D'Souza
From India, Mumbai
Dear Mr. Khola, Thank you for the correction.
Indeed that is correct 80 days . "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [16] [eighty days] in the twelve months immediately preceding the date of her expected delivery:"
I have updated by library as well. :)
Thank you.
Regards
UKmitra
From Saudi Arabia, Riyadh
Indeed that is correct 80 days . "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [16] [eighty days] in the twelve months immediately preceding the date of her expected delivery:"
I have updated by library as well. :)
Thank you.
Regards
UKmitra
From Saudi Arabia, Riyadh
Dear All,
Request you to clarify following points
1. During maternity leave is female employee get salary?
2. if yes then will it be gross or only basic? ( if someone getting 14K (after deduction PT, she get 13800/- in hand so she will get it =13800*3 for 3 months or her basic is Rs. 7000/- (7K*3)???
3. will she get for all 3 months
we are a small software(less than 20) company under shop and establishment act and we only deduct PT,(salary component is Basic,HRA, Medical, Conveyance, other allowance)
Regards
From India, Mumbai
Request you to clarify following points
1. During maternity leave is female employee get salary?
2. if yes then will it be gross or only basic? ( if someone getting 14K (after deduction PT, she get 13800/- in hand so she will get it =13800*3 for 3 months or her basic is Rs. 7000/- (7K*3)???
3. will she get for all 3 months
we are a small software(less than 20) company under shop and establishment act and we only deduct PT,(salary component is Basic,HRA, Medical, Conveyance, other allowance)
Regards
From India, Mumbai
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