pushkarinivarma Started The Discussion:
Hi all I am in a stage of preparing the policies to the organization.....I was told that its not a compulsion. I would like to know is that true? :shock:
It is mandatory to grant Maternity benefits as prescribed by the Maternity Benefit Act,1961. As per the Act, a woman who has completed 160 days of work during the 12 months immediately preceding the date of delivery is eligible to get 12 weeks leave with salary. In case of mis carriage, the benefit is 6 weeks leave.


Hi Madhu, I need few clarifications - Maternity Policy, is it that 160 days the female employee has to work after availing the Maternity leave for 3 months?. Kindly clarify Regadrs, Kavitha
No. The refernce of 160 days is that one woman worker should have worked at least for 160 days prior to the date of delivery inorder to be eligible for Maternity benefit under the Act. It is immaterial whether she rejoins or not after delivery/ 3 months leave.


Thanks madhu,

Women Including Temporary or Unmarried is eligible for Maternity Benefit when she is expecting a child and has worked for her employer for atleast 80 days in the 12 months immediately preceding the date of her delivery .

As per the above act, kindly clarify whether 80 or 160..am confused


I am in the process of designing the policies for our company. I went thru your site and it helped me getting a lot of information about all the policies.

I have one query on Maternity Leave. I would like to know if the employee goes on Maternity Leave for 12 weeks (paid leave) and if she doesn't resume the service then in this case what we should do?? We do not have PF facility where we can put a hold on it. Is it fair to pay her salary for 12 weeks once she is back from the maternity leave?:confused:

Please advice me.

Hi Sonali,

If the employee extends her leave then u can not deduct the 12 weeks salary but u need not have to pay for the extended leave till she joins back...

if u r sure that the employee is not gonna join back then u can go ahead deducting the notice pay as per ur company policy.
Hi Prathima,
I have been working with my current company for the last 3 years. If I go on maternity leave 4 weeks before delivery, with an understanding with my company that I will not be resuming back at all (so I am effectively resigning), am I still eligible to get my 12 weeks paid leave after my last working day in office? (i.e. for the next 4 weeks before delivery and 8 weeks after delivery)
Please advice

Post resignation, the management is not liable to provide you the benefit as the employee - employer relationship ceases after your resignation.

But if the management is voluntaring to pay it recognising your long standing service in the organisation, it can.

- Saravana Rajan

i have doubt about maternity benifit. i am working in it enabled services company.recently my manager is framing the policies.maternity policy is not there.eventhough shall i get that benifit?


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