Dear senior
Pls throw light on query
As per maternity benefit act woman can avail maternity leave 6 week prior and 6 week after the maternity. If she is not avail prior leave, can she avail 12 week leave after the birth of child? And what is the employers liability toward the payment of benefit on such case.

From India, Mumbai

- yes she can ake 12 weeks leave after her delivery - liability is to provide all benefits under maternity - her salary/ incentive/ medical bonus
From India, Chandigarh
Legally employer is not liable to give 12 weeks leave after confinement. Varghese Mathew 9961266966
From India, Thiruvananthapuram
From the Date of Delivery, she can take 12 calendar weeks of maternity leave. It is not compulsory to avail 6 weeks prior to expected date of delivery. Jayakumar C
From India, Gurgaon
She can take 12 weeks leaves. Companies usually pays the salary and medical expenses on submission of relevant documents. However if incentives are performance based, since she is not preforming during these 12 weeks she may not get the incentives.

From India, Pune
Dear Sir, If u have any citation on this issue,kindly share with us Regards Sacheein
From India, Mumbai
I request the members to indicate which law says that she is entitled for 12 weeks leave with benefits fro the day of confinement.If nobody gives any reference to the provisions of law,it is presumed that there is no such law except employer's policy which is not law.
Varghese Mathew

From India, Thiruvananthapuram
Sec 5 says :
(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day:
The provision is related to death during child birth and not applicable above
So the period of 12 weeks definitely is split into 6 and 6 weeks prior and after delivery. It can not be merged to 12 weeks after. The employer is always allowed to give more than required by the act

From India, Mumbai

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