Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Labour Laws & Ir
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Sr. Hr Executive @ Polymerupdate
Administration & Hr
Assistant Manager Corporate Hr
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.
22nd May 2008 From India, Kannur
7th October 2008 From India, Mumbai
12th September 2010 From India, Kannur
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".
16th September 2010 From India, Delhi
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
So how do we give the break. A resting break is understandable but how does nursing break help?
12th October 2012 From India, Mumbai
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.
Welcome Skylark Associates
*Also Sr. V. P., Labour Law Advisers Association, Gurgaon.
13th October 2012 From India, Delhi
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
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.
27th October 2016 From India, Kannur
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
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
28th December 2016 From India, Kannur
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..?
19th April 2017 From India, Chennai
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.
20th April 2017 From India, Kannur
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
12th April 2018 From India, Kannur
21st July 2018 From India, Kannur