Maternity Leave Eligibility - Manufacturing Company - CiteHR
Tsivasankaran
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Anilrsv Sharma
Statutory Compliances, Contract Labour, Pay
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Dear all
I have doubt about ML. Our is manufacturing company. We have appointment women in Staff cadre since 1 yr. she is married just 5 months ago.
Now my question is when does the ML eligibility start. Is that like every other leave Women are entitled for 12 week ML per year and if that is not used she gets another 12 weeks leaves for next year and both years leaves are accumulated.
How does the entire process start ? Please help me.
Thanks
Raj
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Rajmore
As the very name maternity leave suggests that it is leave meant for maternity purpose, it has to be avialed by a woman employee on the eve of her conception as certfied by a medical practitioner. Reverting to the facts in your query, the woman employee in question is eligible for maternity leave of 12 weeks of which six weeks shall be before the expected date of delivery as certified by the doctor and six weeks after the delivery.She has to give anotice in writing in Form 1 to the employer about the date from which she remains absent and nominate a person who can receive maternity benefit on her behalf.
B.Saikumar
Mumbai
09930532927
I have doubt about ML. Our is manufacturing company.
Manufacturing or BPO or Shops, maternity leave is applicable

We have appointment women in Staff cadre since 1 yr. she is married just 5 months ago.
Date of marriage is immaterial 5 months or 5 years has no relevance
Now my question is when does the ML eligibility start. Is that like every other leave Women are entitled for 12 week ML per year and if that is not used she gets another 12 weeks leaves for next year and both years leaves are accumulated.

Maternity leave is allowed twice It is not accumulated and carried forward. Ih an employee avails ML now and applies for second delivery after one or two years or even after 10 years, you need to give.
.
Sivasankaran
Dear Mr.Sivasankaran
The women employee is entitled to get maternity leave under the Maternity Benefit Act if she had worked for eighty days during the twelve months immediately preceding the date of expected delivery.[Section 5(2) of the Maternity Benefit Act]. Under the Maternity Benefit Act there is no ceiling on the number of times a woman employee could avail maternity leave. However, each time the condition of eighty days working has to be fulfilled. The Maternity Benefit Act is not applicable if the employee is covered by the ESI Act.
With regards
Yes.as Mr.Harikrishanan said, the Maternity Bnefit Act does not stipulate any ceiling on the number of occassions to avail the maternity benefit. B.saikumar HR &Labour Law advisor Mumbai
Sir, Only the maternity leave is applicable to the women who has covered ESI ACT..............? Regards Hithu
If the woman is covered by the ESI Act, she is eligible for all the benefits provided for under this Act, including maternity benefit. With regards
one more clarification please sir, if the employee crosses ESI benifits, can the employee can take leave from the company and how many leaves can she take for her maternity(will this effect her job...........?)
Regards
Hithaishini G
Please note that the maternity benefit act does not anywhere specify that the meternity benefit can be extended only to married women. In fact in my earlier organisation, we did grant the meternity leave to an unmarried woman. The statute is annoymous to the custom or culture of the society
Regards R Kannan
Under the Maternity Benefits Act, 1961 the condition levied is that the female employee should have served the institution for a minimum period of 80 days in 12 months preceding the date of expected delivery. Also, the Act has undergone regular amendments with the recent one being in 2008. According to Notification by the Ministry of Labour and Employment dated 19 December 2011, an amendment has been made to the amount of medical bonus payable to women entitled to maternity benefit, it has increased from Rs 2,500/- to Rs 3, 500/-.
The Act provides for 12 weeks of paid leave as maternity leave and 6 weeks in case of miscarriage or termination of pregnancy. In addition to the provisions for leave and cash benefits, the Act also makes provisions for matters like light work for pregnant women 10 weeks prior to her delivery, nursing breaks during daily work till the child attends age of 15 months, etc.
For more....see Asklabourproblem.info
Regards
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