Maternity Benefit Act, 1961 Under Sec-10 - CiteHR
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Dear Seniors,

Greetings for the Day,

Sir, I need your suggestion regarding Maternity Benefit Act, 1961 under section 10 (Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage) which describes that if a woman suffering illness arising out of pregnancy, delivery , premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence allowed to her under section 6 , or , as the case may be , under 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

Our company employee is demanding one month more leave under section 10.

We have already paid 80 days leave (from 7th Nov-12 to 25th Jan-13) remaining 4 days leave will pay with Feb-13 salary. We didnít pay Medical Bonus till yet. She had to join on 30th Jan-13 but didn't join and now she is saying she require one month more leave.

According to Sec-10 we have to pay 6 week + one month after delivery means total 72 days(Date of Delivery 10-12-2012 to 19-02-2013) payment to her after delivery and she will have to join on 20th Feb-13 but she is saying she will join on first week of March-13.

Sir, Pls suggest how to manage one month or more than one month leave and its rate of payment and what action can company take if employee doesn't join company after taken Maternity Benefit.

For illness arising out of child birth or mis carriage, as the case may be, one month leave with pay in addition to what is admissible (ie, 12 weeks for child birth or 6 weeks for miscarriage) is to be given as per section 10. This is given subject to medical certificate only. This leave is not granted on any other ground but only on the medical ground and that also for illness connected with delivery or miscarriage, as the case may be. In total, a woman employee may be granted 16 weeks leave for delivery and 10 weeks leave for miscarriage. Medical bonus (Rs 3500) is a one time payment.

My company is going to implement 26 weeks of Maternity leave from 18 weeks and shall be applicable to the female employees who are on Maternity leave on 01-02-17. Will the employees who are in extension of one month as per section 10 of the act can be considered for the benefit? To put in another way, can the one month leave as per section 10 can be considered as maternity leave?
One month leave as per section 10 remains the same even after changing the maternity leave from 12 weeks to 26 weeks.
As on date the change in maternity leave from 12 weeks to 26 weeks has not been notified and the effective date is yet to come. It is true that it will be made effective very soon, but, my advise is to wait for the effective date. At the same time I appreciate that you have taken a step forward and introduced the 26 weeks leave well in advance but I would say that this can be cited as a precedence and you will have to enforce the changes whenever a Bill to amend a particular provision of any Act is introduced notwithstanding whether the proposal will be accepted or not.

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