Labour Laws & Ir
Lokesh Babu
Hr Generalist, Employee Relation Executive
Hr Manager
+7 Others

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I am working in a hospital where it is a policy that to avail maternity leave it is required to complete one year in the organisation. and an employee who was pregnant but did not complete one year is on leave without pay for 84 days because as per the company policy she cannot avail maternity leave.
Is this policy legally correct? Also tell me that if it is wrong and is challenged in court then what punishment can the employer get?

From India, Gurgaon
According to maternity benefit act 1961,women employee eligible for maternity leave for 12 weeks for that she has to work for 80 days in the 12 months immediately preceding the date of delivery.
Leave days & lay offs taken as worked.
12 weeks leave of which not more than 6 weeks shall precede the date of her expected delivery
The benefit to be paid @ average rate of wages for the three months preceding her maternity leave
In case of miscarriage, 6 weeks leave with pay at the same rate as applicable to maternity benefit
Medical Bonus of Rs 2500

From India, Hyderabad
Dear Lokesh,
is there pirticular duration for matwernity benefit act 1961? As per policy comapny has to give 12 weeks for Pregnant womens before delivery & After delivery with in six months She wil get 75% Wages from Her Salary!!
can u please clarify on this
Charvaka Reddy

From India, Hyderabad
Dear anshu, i m enclosing the details of Maternity Rules 4 ur study,but u have not mentioned u belogs to which State?,please,keep youself free to ask me any question,please. Shrikant. 9423376641
From India, Pune

Attached Files
File Type: pdf Maternity Rules.pdf (36.0 KB, 1126 views)

Your hospital policy does not seems to be in line of the Maternity Benefit Act, 1961. Mr.Lokesh have given you the details on this Act. For Gurgaon area the law enforcing officer is Welfare Officer (Woman), Sector 15A, opp. Telephone Exchange,Faridabad whose mobile numbers are 9911168009. You may contact her for redressal of the grievance of that employee for taking maternity benefit from the hospital management.
With Regards,

From India, Delhi
pls. can anyone guide me. i have joined a company on 1st june 2006, then i was on leave without pay from 25th november to 6th march 07. and then left the comapay. n from then i was not working n now i want to withdraw my pf money. can i do so, n how? whats the procedure.... urgentttttt.
From India, Delhi
Dear Reddy, the women employee should take leave for 6 weeks at any cost after delivery. full wages will be given for the whole leave period..
From India, Hyderabad
dear sir/ madam I want to go my native for delivery. In my native ESI Hospital not their. Can plz confirm if I take the treatment in private hospital can you reimburse that amount regards parimalam
From India, Bangalore
dear sir/ madam
I want to go my native for delivery. In my native ESI Hospital not their. Can plz confirm if I take the treatment in private hospital can you reimburse that amount
more at https://www.citehr.com/225228-query-...#ixzz188k4x9Bd

From India, Bangalore
Shrikanth ,
Can you please guide me on this. I joined an ITES firm in April 2010 and availed maternity leave from Feb 2011. I need to report back to work from May 8th. However will not be able to rejoin as my son is not keeping well. Kindly advice if my maternity benefits i.e. salary paid for 3 months will have to be paid back. Also I am not in position to serve the notice period due to my new born's health. Kindly advice.

From United Kingdom

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