From "sherry.dsza@gmail.com" : 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
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
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
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
17th February 2010 From Saudi Arabia, Riyadh
Attached Files
File Type: pdf maternity_benefit_act_1961.pdf (133.9 KB, 1450 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
(LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office:
(M)
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
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
20th February 2010 From Saudi Arabia, Riyadh
Dear UKmitra,
Thanks for your response. I am waiting for you reply.
With Regards,
R.N.Khola
(LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office:
(M)

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
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
24th January 2013 From India, Mumbai


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