Maternity Leaves - they have to avail in 2 sets pre and post delivery? - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
R.N.Khola
Labour Laws & Ir
Tushar.swar
Manager - Human Resource
Malikjs
Gm (hr)
Jeeni
Assistant Human Resource Manager
Sumisrishr
Manager - Hr
Divyata
Service
+2 Others

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Dear all, Greetings for a day! I have several doubts in my small mind which i later on discuss with all of you. My first doubt is related to the maternity leaves which i had encounter from one of my female colleague. As per maternity act, one can avail maximum of 84 days as maternity leaves but as per my knowledge they have to avail in 2 sets pre and post delivery.
I had come across a situation where a lady is on maternity leaves for 84 days but post delivery in a single time. Can we give these leaves in a one slot or we have to give them in 2 slots. or it depends on the discretion of management how to give it? Please suggest Regards Ranjeet

Hi Ranjeet, Yes, your right, its avail in to two slots. it can't be take continues or as per management. because, Maternity Benefit act. made for save rights of females employees' health, specially when she is a pregnant, this act save the rights of female employee as well as to becoming new born child also. As per the Maternity Benefit act. that perticular employee has to take the minmum days leave before the suppected date of preganency. For more information Please refere The Maternity Benefit Act.1961. Regards,
dear as asked by mr ranjeet there is little amendment came in maternity act wef10-1-89. whereby sub-section 3 of section 5 of the maternity benefit act,1961 expressly stipulates that ,the maximum period for which any women shall be entitled to maternity benefit shall be 12 weeks of whichnot more than 6 week shall precede the date of her expected delivery.that is to say,she can before her delivery,opt to avail leave of any duration upto 6 weeks. it means total 12 weeks but can not avail more than 6 weeks before delivery however after delivery can avail any number of days upto 612 weeks. tks j s malik
Dear All, That all got a little confusing for me 12 weeks and 612 weeks in the post reply by Mr. J. S. Malik Lets take this case study - My HR Manual Provides for 4 months Maternity Leave each - max on two occasions. (Pvt. Ltd. Co - All Govt. Promoters) And in my previous organisation HR Manual provided for 3 months Maternity Leave each - max on two ocasions (Scheduled Co-op. Bank) Now at both the places i have seen employees availing ML right from the first month of pregnancey. 9 months x 4 weeks = 36 weeks 6 weeks = 1 1/2 month so 3 months in all (6 weeks before and 6 weeks after the delivery) so out of the carrying period As per act they can go on leave from 7 1/2 month Is it practically possible? cause due to the lifestyle we are adopting many a times they are advised bed rest right from the 1st month. So what they do avail ML right from 1st month, exhust it, avail PL, in case PL gets exhusted go on Leave Without Pay. On humanatrian grouds generally Management permits such leave as per doctor's certificate. So how do you treat this ML issue practically ?
dear i have given the clause you can refer that .it is 12 weeks both places not 612 weeks. tks j s malik
Hi All, To add to this, I had also read in the newspaper about maternity leaves has been extended from 12 weeks to 6 months, where is 12 weeks is pre and post delivery while the remaining days leave can be taken for child care, in case the child is ill or some health related issue , till the child is of age 5yrs. Has this been implemented already ? Thanks Divyata
dear there is no such amendment in maternity benefit act 1961.this may be applicable to central govt employees as they are covered under central government rules. tks j s malik
Hi Ranjeet, As such, it can be given at the discretion of the employee as to how they want to claim the maternity leave. Some of our female employees have taken 12 weeks post delivery so that they can spend enough time with the baby. But of course, this is with prior leave request from the employee. So slight variation from the act can be done for accommodating the employees desire. Regards Suman
Dear All,Thyanks! for your replies.Now what i will do if she already proceeds on leaves.If further any case come to me, What shold be my stand.Please suggest.RegardsRanjeet
First payment not less than one month salary should be paid in advance before she proceeds for maternity leave and the remaining shall be paid within 48 hours of resuming duty and producing the proof of delivery. Regards, Madhu.T.K

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