Statutory Complaince/labour & Employment
Dhruv Patel
Hr Executive
Hr-recruitment Executive

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Hi All,

I am working with one of the IT/Software Private Limited companies in Pune.

I wanted to apply for the Maternity leave and for that I discussed with our HR Manager for the same. She informed me that orally,

"You need to take the leave 1.5 months (6 weeks) before the Expected Delivery Date (EDD) and 6 weeks after EDD. You will not get salary per month as per regular schedule instead you will get it after 3 months when you resume the job. Moreover she pointed out that you will not get any Salary if I would not be able to resume/join the work on the specific date after the 6 weeks of delivery."

Hence I have smoe queries regarding the same as below:

1. My expected date of delivery is 15th Sep 2012, hence 6 weeks prior date would be 1st Aug. 2012. In such scenario, on which date should I apply for the Maternity leave to get all the benefits?

2. Are Maternity Paid leave and Maternity Benefits are diferent things? i.e. do we get any monetary benefits along with 3 months paid salary?

3. If I take leave from 1st Aug. 2012 i.e. 6 weeks prior to EDD, should I get full salary in advance? Or should I get regular monthly salary?

My Managment is saying that, I will not get any salary in between Maternity leave period of 3 months. They will give me all 3 months salary when I resume the work after 3 months. Plus if I unable to resume the job on that particular date after 3 months then they will not give me any salary at all.

4. Is it neccessary to resume the work on the particular date after 3 months of Maternity leave? What if, I would not be able to join on that particular date due to health issues?

5. Is the Maternity Benefit Act is same for all the companies in India, especially for PVT. LTD. Software companies in Maharashtra? Or is it different for every state?

6. Can any Pvt. Ltd. Software company change in the Maternity Benefit Act and make the Maternity Policy as per their convenience?

7. How should I proceed with this to my Management to get all the benefits under Maternity leave?

Please provide me the answers ASAP..!!


From India, Mumbai
Dear sheetal Ple go through the PPT from this site. It will help you. Regards Eswara manager-HR 08056041800
From India, Chennai

Attached Files
File Type: ppt Maternity Benefit act 1961.ppt (313.5 KB, 1870 views)

Thank you for your replies!
As I mentioned my EDD is 15 Sep. 2012 and I am planning to take leave from 1st Aug. 2012 i.e. 6 week prior to EDD.
But in anycase if the actual delivery date increses by a week or so, then 6 week prior shedule would be not maintained. Even in that situation, would I be eligible to get all the Maternity benefits?
Please suggest!

From India, Mumbai
Yes, you will be, but not more than 12 weeks.
Would advise you, if you are ok for working beyond 6 weeks before expected date of delivery, continue to work . You can mention any date for absent due to pregnancy before expected date of delivery in Notice.
It is not compulsory or mandatory that a women has to avail 6 Weeks leave before the date of expected delivery and 6 weeks post delivery.
She can avail all 12 weeks post delivery.

Hi All,

Thank you all for the information so far..!!

As I asked few questions above related to maternity leave, In continuation to that I have following questions:


I have taken official 3 months (6 weeks prior and 6 weeks after the date of delivery) maternity leave. I took leave from 1st Aug. 2012 to 31st Oct. 2012. My delivery date was 11th Sep. 2012. Today 1st Nov. 2012, I joined the office to complete the formalities. And as I have gone through surgical pregnency, I wrote an official email for 3 months leave without pay.

Point here is that, before going on leave Management told that, I will get 3 months salary after I join after 3 months maternity leave i.e. today 1st Nov. 2012.However today when I apply for 3 months leave without pay, the management asked me to resign. Not only that they said that they NEITHER pay me 3 months salary (Aug,Sep,Oct. 2012) NOR maternity benefits for which I have taken maternity leave. I did not resign today and asked them to give me atleast 3 months salary as per the Maternity Act. Even they did not give me salary during maternity leave period

But they said that we have policy like that only.

Its Pvt. Ltd. Software Company in Kothrud,Pune. We have office in Mumbai as well and total staff in Pune office is more than 50 employees.

I dont know how to proceed further so that I can get my 3 months full salary. Does company make such policies as per their requirement without following Government rules?

Should I get the salary for 3 months as per the Act?

Please guide me what to do in this scenario. How deal with this issue.

Please feel free to call me on my mobile no. 9860144543


From India, Mumbai
I want a Maternity Policy. Please give me any of the Guideline about Maternity Policy.
From India, Ahmedabad
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