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As per Section 11
11. Nursing breaks. -- Every woman delivered of a child who returns to duty after such
delivery shall, in addition to the interval for rest allowed to her, be allowed in the course
of her daily work two breaks of the prescribed duration for nursing the child until the
child attains the age of fifteen months.
Please help with the "prescribed duration" for the same.
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Pls help, even I have read about the nursing break twice a day till fifteen months. However, a woman don't bring her child to workplace and it is not necessary that she works close to her residence.
So how do we give the break. A resting break is understandable but how does nursing break help?
Dear Member,
Prescribed duration is provided by the applicable Rules. According to Rule 7 of Haryana Maternity Benefit Rules, 1967 we are to allow two breaks for nursing the child. Rule 7 may be read as under.
7. Break for nursing child - (1) Each of two breaks mentioned in section 11 shall be of 20 minutes duration.
Provided that in case the crèche or place where children are left by women while on duty is not in the vicinity of the place of work a period up to 15 minutes more may be allowed for the purpose of journey to and from crèche or the place.
R.N.KHOLA
(LL&IR)
Welcome Skylark Associates
*Also Sr. V. P., Labour Law Advisers Association, Gurgaon.

Hi,
My due date is Dec 7th 2013 and I am planning to take Maternity leave for 6 months from Sept end to March end. Am I eligible for Maternity Leave or can my employer deny it because I am taking leave prior to 6 weeks from my due date. Please advise.I am eigible as per 80 days rule within 1 year of expected due date.
Dear Suriya, Whether you have given these comments on its usefulness after going through The Maternity Benefit Act, 1961 ? Regards, R.N.Khola (Labour Law & Legal Consultants) 09810405361
In IT company how much leave an employee can avail under Maternity Benefit Act and my second question is how much leave as per maternity act if it is miscarriage then how many leaves an employee will get??
What is special in IT companies? There is no privilege given to IT companies as far as labour laws are concerned. Therefore, employees in IT companies will get the same 84 days maternity leave or 42 days leave for miscarriage.
The post is very old and there has been no discussion about the proposal to increase the maternity leave days. However, the announcement is still in the form of proposal.
Madhu.T.K
1. Sir, so far as I understand, the Maternity Amendment Bill was passed by the Rajya Sabha in last session and now the same is required to be debated and passed by Lok Sabha. I think, the same is expected to be taken up in next session of Lok Sabha (if political parties will agree and Parliament business will be smooth).
2. Under ESI Act, 1948 the appropriate government is empowered to make changes about duration of Maternity Benefit and I think, the said government has already issued intention/draft notification on 06/10/2016 vide which the opinion and views of affected parties have been invited.
A female employee has joined in the ESIC scheme in April '16 and she had her delivery in Nov.'16.
She didn't get the salary of maternity leave benefit under ESIC scheme due to the lack of minimum period of association with ESIC.
In this case I would like to know whether the employer is liable to pay full amount of salary for her 12 weeks maternity leave (even though she is covered under the scheme).
Yes, when she is short of working days as per ESI schemes, she will have to be paid maternity benefit under Maternity Benefit Act by the employer provided she had worked for 80 days during a period of 12 months immediately preceding the date of delivery. Here, the dispute is not with regard to working of 70 days, but with regard to the qualifying phrases, "during a period of 12 months". There can be an interpretation that she should have a service of least 12 months and during this 12 months, she should have worked for 80 (paid) days. As such, the same steps as is taken by the ESIC on maternity benefit, that is, there should be at least 78 days contribution during two consecutive contribution period, ie, one year in order to be eligible for maternity benefit, shall be taken by the employer also. Otherwise, what is the meaning of "12 months" as qualifying period?
Madhu.T.K
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