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All Resp. Seniors,
I've a query regarding Maternity Benefits.
One of our employee is requested of 1 month advance maternity leave at the 2nd month of pregnancy due to some health related problem on doctors prescription, and we have allowed her the requested leaves.
Now, my query is this, can we deducted these leaves from those 12 weeks leaves which are to be availed as maternity leaves..?
Plz. advise.
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No you can not, that 12 weeks leave stand for first 1.5 month before the delivery and 1.5 month after the baby delivered by a woman. Before these duration you can not deduct any of her leaves as maternity benefits. If she has any SL balance in her leave card, then you can approve, otherwise she shall be treated as Loss of Pay while payroll processing.
Hi Bhuwan C. Arya,
As per Maternity Benefit Act 1961, employee can avail Maternity leave Before 6 weeks of Expected date of delivery and after 6 weeks from the date of delivery, and its can be adjusted depends on Employee Health condition and as per company management wish on Humanitarian grounds. But total Maternity Leave should not be exceed more then 12 weeks. If the employee should cover under ESI, as per doctors advise and medical certificate we should give the medical leave and no need make any payments for that employee.
Srinivas B
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