sherry.dsza@gmail.com Started The Discussion:
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
Posted 15th February 2010 From India, Mumbai
Sharon dear, please spent some time on searching the samein Citehr, we have ample information on the subject my experts. All the best, UKmitra
Posted 15th February 2010 From Saudi Arabia, Riyadh


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
Posted 15th February 2010 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
Posted 17th February 2010 From Saudi Arabia, Riyadh
Attached Files
Shared By Cite.Community Member "ukmitra" For Public Download
File Type: pdf maternity_benefit_act_1961.pdf (133.9 KB, 1374 views)
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
Sr. Associate (LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361
Posted 17th February 2010 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
Posted 18th February 2010 From India, Mumbai
Thank you Mr. Khola, for the correction. My Labor Consultant/Solicitor and we have a different opinon on that. I will revert back after debating with them, with your feedback. Regards ukmitra
Posted 20th February 2010 From Saudi Arabia, Riyadh
Dear UKmitra,

Thanks for your response. I am waiting for you reply.

With Regards,
R.N.Khola
Sr. Associate (LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361

Posted 20th February 2010 From India, Delhi
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
Posted 20th February 2010 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
Posted 24th January 2013 From India, Mumbai
Dear all, Please reply....waiting for your valuable inputs... my employees are asking me about this, Regards
Posted 28th January 2013 From India, Mumbai
Dear Mamta,

Under the Employment Act, an employer is required to continue paying an employee her usual salary at the monthly gross rate of pay for the first eight weeks of maternity leave if:

The employee has been employed for at least 90 days before the date of delivery
The employee has less than two children of her own at the time of delivery. In the case of multiple births (e.g. twins, triplets etc) during the first pregnancy, the employer is still required to pay eight weeks of maternity leave for the next pregnancy
The employee has given her employer at least one week's notice before going on maternity leave, and informed her employer as soon as practicable of her delivery. Otherwise, the employee is only entitled to half the payment during the maternity leave, unless she can show sufficient cause that prevented her from giving such notice to the employer.
If the employee qualifies for Government-paid Maternity Leave under the Child Development Co-Savings Act, she will be paid by the employer during the entire 16 weeks of maternity leave, regardless of the birth order of the child. The employer may later claim reimbursement from the Government for the last eight weeks for the first and second confinements and all 16 weeks for the third or subsequent confinements.

If the employee does not qualify for maternity leave under the Child Development Co-Savings Act, payment beyond the first eight weeks is voluntary and subject to contractual agreement.

thanks/regards,
Amit Kumar
Posted 28th January 2013 From India, Chandigarh
Thanks Amit, for your reply..

please clarify wither usual salary at the monthly gross rate of pay contains all components, as we are IT Company, when i discussed with my mgt. they are saying it should be only Basic..even no HRA, Conveyance
Posted 28th January 2013 From India, Mumbai
Dear Mamta, Gross rate includes all components and you will have to pay on her gross salary. thanks/regards, Amit Kumar
Posted 29th January 2013 From India, Chandigarh
K/A Dear Shri R.N.Khola Res. Sir One lady availed only 3 weeks maternity leave before delivery, Can she ask for 9 weeks paid maternity leave after delivery ? Regards Shaikh
Posted 21st June 2013 From India, Jalgaon
gaurir 
Dear Mr Khola
Need your help in this area.

If employee does not complete one year of service then also benefits are applicable?

Our solicitor says that this condition of 80 days not to be seen in first year and employee must complete one year in service for maternity benefit . Language of the act is quite ambiguous.

He says if someone joins on 1st Feb and delivers on 1st May , how can maternity benefit be paid just because 80 days are completed . While employee worked for just 80 days and got benefit of 84 days?
Posted 6th January 2015 From India, Mumbai
Dear Member,

Now what can be said by me when the Maternity Benefit Act, 1961 says like this that the employee becomes eligible for maternity leave for 84 days if she works for 80 days in the establishment. We are to adhere to the Act. For more clarification you can contact the law enforcement agency.

R.N.KHOLA
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants) (M) 09810405361
Welcome Skylark Associates
Posted 12th January 2015 From India, Delhi
Dear Sharon,

According section 5(3) of the Maternity Benefit Act, 1961 the maximum period for 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.Thus the employer is not in a position to reduce the maximum period while the woman is at liberty to receive this benefit for a lessor number of days of her own.

With Regards,
R.N.Khola
Sr. Associate (LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361
Posted 13th January 2015 From India, Delhi
Dear Mr Khola Thanks a lot for your help. I had been searching 4 this information for long. Regards, Sharon
Posted 13th January 2015 From India, Mumbai



 
 
 
 







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