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Dear Friends, I am enclosing "Maternity Leave Policy" for the benefit of members.. Regards sgkgopalkrishna@gmail.com
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
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,
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.
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
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
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
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
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.
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
Skylark Associates, Gurgaon (Haryana)
Labour Law Consultants (m)


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.
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?
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)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants) (M)
Welcome Skylark Associates
*Also Sr. V. P., Labour Law Advisers Association, Gurgaon.

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.
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
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??
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
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.
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).
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
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
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
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.
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.
From India, Noida



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