Madhu.T.K
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
R.N.Khola
Labour Laws & Ir
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Ankita1001
Sr. Hr Executive @ Polymerupdate
Sgkiyer
Support Head
Jeene
Payroll Executive
Veeraj
Administration & Hr
Bhavin011087
Assistant Manager Corporate Hr
+5 Others

Thread Started by #sgkiyer

Dear Friends, I am enclosing "Maternity Leave Policy" for the benefit of members.. Regards sgkgopalkrishna@gmail.com
21st May 2008 From India, Delhi

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Good effort by Mr. opalakrishna. I have some points to note.
Maternity leave can be availed in full (12 weeks) after the delivery also. Only thing is that she cannot take more than 6 weeks leave before the expected date of delivery.
In Maternity Benefit Act, there is provision for 6 weeks leave for miscarriage.
Goog luck
Madhu.T.K
22nd May 2008 From India, Kannur
Hello All, Would anybody know of organizations in India giving more than 12 weeks Maternity Leave? I am looking for some employee friendly policies. Regards,
7th October 2008 From India, Mumbai
great work. if you can inform about the 'forms' which are legally required by the company to submit/maintain, it would be more BENEFICIAL like 'muster roll 'a' etc.
3rd November 2008 From India, Delhi
as per the government gazette now the maternity leave is extended to 180 days is it true if it is so kindly let me know where i could get the notification print out thanks
10th September 2010 From India, Mangaluru
Dear Madhu Sir, As per the attachment the eligibilty period is 180 days. The link given by Raghunath shows 80 days. Please confirm whether it is 80 days or 180 days ? Thanks & Regards, Jeene
10th September 2010 From India, Bangalore
In order to be eligible for maternity benefits under the Maternity Benefits Act, the woman employee should have worked at least for 80 days during the 12 months immediately preceding the expected date of delivery. If it is written as 180, it is an error.
Regards,
Madhu.T.K
12th September 2010 From India, Kannur
For Government employees the Service Rules of the respective state (Rajastan) and not the Maternity Benefit Act will be applicable. Regards, Madhu.T.K
15th September 2010 From India, Kannur
Dear asnanigee
When you say "Can I Join at new place of Posting...." it implies "working" on that day,at least; because although in practice a new joinee does no work on the day of joining; however she is definitely treated as "ON DUTY".
Hence my suggestion is that you avail of the maternity leave benefit in full, without any worry about our job. You are neither being compelled to join, nor you can be compelled to join, the new place of posting immediately. So why the undue rush to join ? In any case the reporting officer will not accept your joining till you complete your maternity leave tenure.
Your job shall be kept safe at the new place of posting, with the remarks, "On maternity leave".
Warm regards.
16th September 2010 From India, Delhi
Dear Member,
We have not noticed any change in the period of maternity benefit ( leave) under the Maternity Benefit Act, 1961. 180 maternity leaves may be available to Govt. female employees.
Regards,
R.N.Khola




16th September 2010 From India, Delhi
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.
11th September 2012 From India, Gurgaon
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?
12th October 2012 From India, Mumbai
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.

13th October 2012 From India, Delhi
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.
4th September 2013 From India, Mumbai
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
4th September 2013 From India, Delhi
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??
26th October 2016 From India, Pune
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
27th October 2016 From India, Kannur
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.
27th October 2016 From India, Noida
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).
27th December 2016 From India, Cochin
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
28th December 2016 From India, Kannur
Dear Folks,
need your views on below mentioned details,
1. If the employee is under maternity benefits, we have to pay PF or Not...?
2. how the employee can avail maternity leaves...? before maternity few month or after maternity few, if there is any rule specified for these..?
please clarify
kowshik
8939805220
19th April 2017 From India, Chennai
When we pay salary we should contribute to PF also. It is immaterial whether the employee is on earned leave or casual leave or any other leave including maternity leave.
With the amendment making the maternity leave 26 weeks, the number of days or weeks the leave shall precede the date of delivery has become 8 weeks. Therefore, the maximum leave admissible before child birth is 8 weeks out of 26 weeks total maternity leave. It is also to be noted that a woman employee can take the entire 26 weeks leave after delivery also.
Madhu.T.K
20th April 2017 From India, Kannur
Hi All, Does the company needs to have a maternity policy in place or else the maternity act shall only suffice. Please guide.
14th May 2017 From India, Bangalore
1. Dear member, I think, there is no statutory law which forces any company or establishment to formulate its Maternity policy separately. A company, so far as, I understand, may formulate or not it is their own sweet discretion.
2. The Maternity Benefit Act, 1961 or the ESI Act, 1948 are applicable by virtue of its having force of statutory Acts and non-compliance of the said Acts is punishable including interests and damages etc. are also leviable for delayed payments in respect of contribution under ESI Act.
3. Maternity policy, if formulated by the company/employer and if the same is violative of any statutory provisions of any Acts or any law in force including as mentioned above, the said policy will be void ab initio.
14th May 2017 From India, Noida
i want to know whether probation period gets extended after taking maternity leave. kindly tell.
11th April 2018 From India
It depends upon the job and the company policy. Normally probation is the period required for an employee to learn the various aspects of the job and depending upon the nature of the job probation can be 6 months, one year or even two or three years. Various court rulings support that a probationer will become a confirmed employee only when he is confirmed in writing and till that communication reaches him he will continue to be a probationer. Again an employer has every right to extend probation if he is not happy with the performance of the employee. Moreover, the period of leave is not a few days but it is 26 weeks. Therefore, there is nothing wrong in extending the probation of an employee who takes maternity leave and proceeds on leave for 26 weeks.
12th April 2018 From India, Kannur
Dear Mr. Madhu Does the same rule on maternity leave apply for employees of NGO. Please clarify
20th July 2018 From India, Hyderabad
It applies to all factories (irrespective of the number of workers employed) and shops and commercial establishments employing 10 or more employees (need not necessarily be 10 or more women employees but it can be 9 men and just one woman). In order to know whether you NGO will all under the definition of commercial establishment you have to see what are the activities you do, whether you have any business activity whereby you generate an income, whether you people are being paid salary with PF and ESI coverage etc.
21st July 2018 From India, Kannur
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