Maternity Leave In India - CiteHR
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Hi Sir,
I have a query with respect to the Act being followed in private companies. My wife's company during initial discussions mentioned that they follow maternity benefit act of 1961. But now they say for her to become eligible for the leave she has to work for a minimum of 160. But as per the maternity act it is only 80 days. She has currently worked 120 days. Is it possible for a company to set its on eligibility criteria in terms of minimum working days?

Dear Thomas,
Earlier it was 160 but at present it only 80 days working is required for taking maternity benefit from the employer under MB Act. If the management is adamant on 160 days working then approach the area labour office for their intervention in the matter.

1. Sir, I think the company in question is having a very old Bare Act of the Maternity Benefit Act, 1961. It will be more better if you / employee concerned may obtain an updated copy of said Bare Act of the Maternity Benefit Act, 1961 and show the same to her employer (See Section 5(2). If the employer is not ready to follow / make compliance as per amended provisions, then suitable action can be taken as suggested by senior/ learned expert Sh. R.N.Khola ji as above.
2. The amendment in the said Maternity Benefit Act, 1961 to reduce eligibility condition to 80 days was done in the year 1989. In my opinion, it is very surprising that the employer is following such conditions which were changed/reduced about 27 years ago.

Dear Sir, Our company has still not implemented 6 months maternity leave policy however we heard that it is 6 months now. Is this a private decision of company?

If a woman gov. employee is availing sanctioned maternity leave of 6 months.But in the mean time after passing 2 months it comes in knowledge that she has transferred (name included in transfer list on page no.21 )to another district.There was a special term in transfer order that candidate must join at his/her new posting place till a mentioned short (11 days),otherwise transfer order will cancel automatically. Hence in this situation there were 2 options to do by him:--------

1. She forgo her transfer order and avails maternity leave, or

2. She had relieved and joined her duty on the new posting place i e.out of district.Whereas she had not able to perform duty, due to 2 months ago delivery.But for taking transfer benefit and complience of orders ,she opt. 2nd option.

After joining at new place, she applied for re-sanction of her balance maternity leave period out of 6 months.But the education departmental local authority denied for the same on the basis of standing leaves act.Whereas the abnormal circumstances due to past sooner delivery and accordingly purpose of grant of maternity leaves for a woman are still same.On other side it is also considerable that there is no extra/additional financial burden on the department,if department again grants her rest M.L.period.

Finallyin in respect of above important and burnable issue regarding prignency&delivery (critical) period of women called "MATRATVA-SHAKTI". it is my opinion,total 6 months matertnity leave may be allowed them inspite any break due to transfer ,promotion or any other untolerable ginuine break during maternity period.

Thanks, with hope of legal co-operation in the intrest of effected female population of the UP State(INDIA).

Dear Asharfisingh605
In any govt Transfer orders, if the recipient is on Leave, then it is mentioned on the Order as (On Leave)..
How the Order reached the employee when she was on leave ??
Why she did not return the Order with the remarks..."On Leave/ On Maternity Leave) ???
Had she done this, there could have been no further complications.
You should have taken suggestions at that stage itself.
Now the only thing is, there must be an Order for maternity Leave. So, she must attach and refer to this order and appeal to the Competent Authority that she had ACCEPTED the Transfer Order out of ignorance, and her Maternity Leave may be continued, and she may be asked to join only after completion of her Maternity Leave.

1. Sir, I full agree with the views of Sh. Hansdah ji as above, but however, will like to know following further facts on the same issue:-

(a) Name the Government in which the woman employee is working. Whether it is Central Govt. ?

(b) Which govt. service rules are applicable in respect of woman employee who availed said maternity leave and was directed to report for duty on transfer ?

(c) I think, in respect of maternity leaves like other type of leaves, fitness certificate is required for joining the service. Whether the competent/authorised medical officer issued the so called medical fitness certificate to said woman employee before resuming her duties at new place of posting ?

(d) Whether the woman employee is also entitled for Child Care Leave as available to Central Govt. employees ?

2. I hope, if information on above 3 clarifications is submitted, the matter will be more clear. The transferring authorities, I feel, may not be aware that the woman employee was availing maternity leave, hence it was for the woman employee hereself to inform the authorities accordingly. Once she had joined at new place of posting after obtaining fitness medical certificate, I think, in such situation, she has no cause of grudge against the employer.

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