Applying Maternity Leave For Adoption? - PDF Download - CiteHR
Industrial Relations And Labour Laws
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Geethaa Murali
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Hi All,
Though I have been a member since 2007 , I have not posted any query so far and only a regular viewer / visitor to this site.
One of my friend wants to adopt a child and the adoption center has advised her to take leave and to be with the kid for 3 months. On completion of this procedure only they will give a go ahead with the legal formalities.
Can anybody help me whether she can apply for 3 months leave as maternity leave or any other mode? She has joined the firm only 6 months ago and she is working in the managerial cadre.

Maa'm,It is allowed in many industries. Maternity leave for adoption of babyof age 3 months is being sanctioned even in Govt. owned PSU-Life Insurance corpn in india,provided they completed their probation period. you can verify with your company.
Adoption leave of 135 days is allowed to female govt. employees as per circular attached. But it seems to be not applicable to private sector. When the employers are not even ready to grant statutory maternity leave as per Maternity Benefit Act, and are trying their level best to terminate pregnant employees, I don't think that all private sector employers will favour it, if at all any decision to implement the same is taken by the government. Similar is the case of extending the maternity leave from three months (12 weeks, in fact) as it is now to six months. If the employers are forced to do so, there may arise a situation of employers refusing to give employment to female.

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Hi Friends
Just now i have faced one problem
we are having a contract employee under our payroll working in a state Govt departemnt (autonomous) body and asking for maternity leave for 3 Months for her second issue.
can any one advise me whether as a Temping Organisation, can we grant 3 months leave to that employe and if so, can we sanction her salary and raise the bill to the govt against her or Not ?
Can we have some practice proofs in attachments also ??
Please kindly suggest ...
Purna Ch Pradhan

Since she is under your roll, the responsibility of granting maternity leave to her is with you only. As far as the establishment where she is working is concerned, since they do not get services, they cannot pay the bills. Whether the department has any provision to allow any kind of leave to an outsourced employee has to be verified with reference to their standing orders.

Yes the woman employee is eligible for her maternity leave irrespective of her employment status ( Full time or Contractual) provided she has completed 80 days of regular employment prior to the confinement. Your organization which pays to her and the organization where she is working need to work on this togather. Telling you from my personal experience. Please go through the Maternity Act 1962 for broader prospective on the issue.

I want to know whether any woman, at the time of joining, can get maternity leave soon after delivery?
Viz. One of my friend has been selected as Executive Engineer in Maharashtra State Distribution Co. Ltd.. She is now carrying and her delivery date is 15/03/2009 and last date of joining is 20/03/2009. I want to know whether she can join duty after delivery and avail maternity leave soon after joining at her new appointment?

In an employment in Govt. sector, the maternity leave is regulated by separate GO in this regard. Please check if the appointment is through the State Public Service Commission. For establishments to which Maternity Benefit Act is applicable, a minimum of 80 days work immediately preceding the date of expected delivery is required to claim Maternity Leave whereas for government departments the rule is different and may vary from state to state also. In either case, leave without pay on maternity ground can be availed.

As per my knowledge a woman employee has to work for min. 80 days with the company to avail maternity leave. can any one explain me that whether these 80 days is inclusive sundays or exclusive sunday/holidays

The qualifying days of work of 80 days includes all paid holidays and leaves and days of lay off, if any. Regards, Madhu.T.K

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