Madhu.T.K
Industrial Relations And Labour Laws
+2 Others

Dear friends,
I am an HR professional and want to know if there is a rule specified as gap between pregnancies to avail maternity leave. One of my teachers wants to avail ML in a gap of one year, is she entitled?
regards,
Diwakar
1st May 2012 From India, Delhi
There is no such provision in the Maternity Benefit Act. Only thing to be looked into is whether she would work for 80 days during a period of 12 months immediately preceding the expected date of delivery.
Madhu.T.K
1st May 2012 From India, Kannur
Let her do whatever she wants , after all max she can avail for two kids also we can put pressure on her so that she does not misuse act and avail 2 maternity benefits and then leave the company then again join another company. Tell her work pressure demands more work hours from her.
2nd May 2012 From India, Madras
Under Maternity Benefit Act there is no restriction that one can avail the benefits for two child birth. Moreover, as per section 4(3) of the Act, we are not expected to give any work pressure on any pregnant employee.
Madhu.T.K
2nd May 2012 From India, Kannur
Then how to manage the work pressure and even you know sir how law works in india its all sold in the hands of rich and powerful. Who follows all rules?
Now if the person can really afford to give maternity leave and benefits let him give, else he better knows than us on how to tackle the situation. After all the show must go on. And please give this notice to the women:
SHE SHOULD HAVE CHILDREN BASED ON HER AND HER FAMILYS PERSONAL REQUIREMENT AND NOT BASED ON WHETHER SHE WILL GET MATERNITY LEAVE OR NOT. WHEN GOVT OF INDIA PLANNING DEPT FIXED LIMIT OF 2 CHILDREN WE SHOULD SEE THAT INDIRECTLY IT IS IMPLEMENTED IT IS OUR DUTY AS CITIZEN OF INDIA TO CURB POPULATION. BUT SOME WOMEN HAVE THIS MENTALITY OF JUST PRODUCING BABIES FOR MATERNITY LEAVE. DONT KNOW WHEN INDIA WILL STRICTLY FOLLOW RULES OF 1 / 2 CHILD PER FAMILY.
then might be we HR may reduce pressure on women to quit , during pregnancy, so that business is not affected.
3rd May 2012 From India, Madras
Please let me know , what is the clause if the female employee resigns after 3 months of maternity benefit. How do we go about it ?? Can anyone help ?? Regards, Nisha
3rd May 2012 From India
I don't think that any woman would like to have babies just to avail maternity leave.
If a woman employee choose to leave after availing maternity leave, no action can be taken against her legally. There are establishments who refuse to give leave or even terminate the service before she asks for maternity leave. That practice is also seen only in India. If law is there, it is expected to be followed and if not required, forget it as if the law is not applicable to us. It is just like driving violating the signal light when no Police man is watching and obeying the traffic rules when Police is alert.
Madhu.T.K
3rd May 2012 From India, Kannur
This thread was started some time in 2012. Now the maternity leave has been extended to 26 weeks for first two children. At the same time for any additional child birth the leave is restricted to 12 weeks only. I think the government has started thinking that if women are allowed so many leaves they will start increasing the population just for availing leave and that is why the officials have put a bar on it. Therefore, forget the comment that I had put in 2nd of May, 2012, that " I don't think that any woman would like to have babies just to avail maternity leave"!!!!!
16th April 2018 From India, Kannur
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