Saswatabanerjee
Partner - Risk Management
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Hopegovind
Manager- Hr & Admin
Pranab.kumar
Administration & Hr
+3 Others

Dear Seniors,
I am working in a private company with 50 ppl in it. One of our employee is going in for maternity leave from15th of OCT.
She has sent me her scan report of the due date.
Also an mail requesting for maternity leaves. As hr, what are the letters or forms or is there any other formalities to be followed.
Please do write to me.
6th October 2014 From India, Bangalore
Dear Arundathiarao,
As an HR, you must see that she has completed 80 days working in your organisation. apart from that Doctor has given the USG Report.She should not covered by Insurance if she has to take the benefit from ESIC. Or else let her take the benefit from Insurance comapany that is her hospital bills to be reimburse by Insurance company. She should get total 12 weeks leave with wages.
Warm regrds,
Pranab Chakraborty
9404384433
7th October 2014 From India, Mumbai
Hi
You should give form B C E and F as per requirements
FORM - B- through which employee notify about her pregnancy
FORM - C- Doctor/ physician confirm that the woman employee is pregnant and expecting a child
Form E- confirmation from the doctor about delivery of the child
Form F: Form of receipt of Maternity Benefit, very important. This confirm that organisation has not withhold payment of the employee and released regularly.
7th October 2014 From India, Mumbai
First, you need to specify whether she is covered under Esic or not.

The procedure would be different in both cases. Of covered by Esic, the documentation process is specified on Esic wevsite, you can follow that.

If not under Esic, then you need to pay as per maternity benefits act. (I assume she has worked more than 80 days). She will be eligible for 12 weeks leave, of which at least 6 weeks must be post delivery. You need to pay half the leave amount in advance and balance when she rejoins after leave. She can also take more leave utilising her EL.

In terms of documentation, there is none specified in the act.

So just follow normal HR procedure. Send her a reply acknowledgeing receipt of her application. Inform her that her you will send confirmation after getting approval of MD (or whoever you need to inform) and her reporting manager.

Follow the approval process you will do for normal leave (Except that you will not deny it on ground of not having applied before, etc).

Once approval is done, send her a letter confirming her leave, when she is expected to rejoin, her cheque for advance benefits and any other terms etc. give details of what other rights she has under the act and to inform office of any possible reason by which her rejoining date may change.

I would also suggest HR send a congratulatory or best wishes message.
7th October 2014 From India, Mumbai
one more point .. she is eligible for the benefits provided she has served in the establishment for atleast 80 days in Twelve Months before the expected date of delivery .. best regards, Narasimhan
7th October 2014 From India, Bangalore
I agree and appreciate Govind Sharma’s replies. Compliance under Maternity Benefits Act requires issue and submission of required forms and later on Returns to the Authorities. warm regards.
8th October 2014 From India, Delhi
You are right saswata we should collect all the reports before going to leave and also company medical officer has to check the possibilities for the same as per doctors advice and act 1961.
act says except Jammu and Kashmir that act is applicable for all other areas
Rules :Leave Criteria 2 moths before and 2 months after delivery with paid wages & bonus also
9th October 2014 From India, Bangalore
Maternity leave is eligible who had put in 180 days of work in an organisation preceding to maternity leave under the Maternity Benefit Act 1961 you have to take leave entitlement accordingly I do place the copy of the act :

4. Employment of, or work by, women prohibited during certain period. -- (1) No

employer shall knowingly employ a woman in any establishment during the six weeks

immediately following the day of her delivery or her miscarriage.



(2) No woman shall work in any establishment during the six weeks immediately

following the day of her delivery of her miscarriage.



(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a

request being made by her in this behalf, be required by her employer to do during the

period specified in sub-section (4) any work which is of an arduous nature or which

involves long hours of standing or which in any way is likely to interfere with her

pregnancy or the normal development of the foetus, or is likely to cause her miscarriage

or otherwise to adversely affect her health.



(4) The period referred to in sub-section (3) shall be –



(a) at the period of one month immediately preceding the period of six weeks, before

the date of her expected delivery;

(b) any period during the said period of six weeks for which the pregnant woman does

not avail of leave of absence under section 6.



5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act,

every woman shall be entitled to, and her employer shall be liable for, the payment of

maternity benefit at the rate of the average daily wage for the period of her actual absence

immediately preceding and including the day of her delivery and for the six weeks

immediately following that day.

Best of luck..
9th October 2014 From India, Arcot
Dear S.Shabanana,
I appreciate your contribution but would like to have your clarification on following:
Queriest company has no medical officer. Then what she should do? Even if the company has a medical officer, what possibilities he will check? Can he challenge the another doctor?
Can you please quote the rule verbatim?
9th November 2014 From India, Mumbai
Please guide me.
we have appointed girl who will join on 5th jan 15, and who asked that she is pregnant and she will require to take the leave from 1st april 15.
will she get the paid leave benefit as per maternity act 1961.????????
Rahul
18th November 2014 From India, Pune
Dear Rahul

This is a very sensitive issue. This is not just about the right of a female employee but more about the safety and well-being of an expectant mother and her unborn child.

You must be well aware that at the time of joining she will be well in her Third Trimester and within a few weeks of delivery.

Would it be wise to let her join in such condition for a few weeks before she proceeds on maternity leave ??

It is not just about physical stress but mental stress of being in a new work environment and its health effect on the mother and unborn baby.

You must also be aware that a model employer like the Government or in Public Sector Undertakings, in such cases the person is declared Temporarily Unfit and advised to join after delivery period is over.

Do you have a system of Medical Examination or access to the services of a Doctor ??

You can also seek Medical Advice.

Thereafter, you can counsel the prospective employee accordingly.

Do let us know if you have further queries on this.

Warm regards.
18th November 2014 From India, Delhi
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