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Thread Started by #globaloverseas144

Dear All,
Good news for ladies,
The Indian government finally give an extra burden to the management/employer by putting 24 weeks maternity leaves from 12 weeks now,so be ready to think more about the ladies/women benefits,enclosed latest amendment in the maternity act.
27th January 2015 From India, Delhi

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File Type: pdf Maternity law amendement.pdf (1.95 MB, 4768 views)

The attached document does not say that this is passed. They seems to be asking for comments from the industry. Are you sure this is passed?
27th January 2015 From United States, Lincolnshire
It is not passed. Since it involves cost from the consolidated fund of India (All revenues raised by the government, money borrowed and receipts from loans given by the government flow into the consolidated fund of India) hence it needs approval of President of India first. Without his ascent it will not be passed.
Further, it will be effective when the same will be published in the official gazzette.
27th January 2015 From India, Mumbai
Dear Friends,
The attached bill is a bill introduced by one of the Members of Parliament. This bill is not introduced by Government.
The bill introduced by any of the Members of Parliament and not by Government is called as Private Bill. Chances of such bill getting passed are almost NIL. Very rare, this kind of bills are passed in Parliament. There is no Government support to it.
The member i.e. the MP Shri. P. Karunakaran has introduced this bill second time now. Hon. President will forward this bill to both the houses for its' ascent. We must ask our elected representatives to support this bill.
My sincere thanks to MP Shri. P. Karunakaran for introducing this bill.
Once upon the time I was also unaware of what is Private Bill. One of the senior members of our Forum PCA has given me his inputs on this subject.
27th January 2015 From India, Mumbai
You support the move to increase maternity benefit to 24 weeks ???
27th January 2015 From India, Mumbai
This is a Bill has been submitted by one of the M.P to the Parliament for consideration and enacment. It has yet to be considered by the Parliament.
So far, the Act has not been amended by the Parliament (both housed)..
30th January 2015 From India, Mumbai
Dear Kulkarnimahesh,
I do not see you have some different answer or view than of mine or any addition to it. I will appreciate if you post some thing different or give some additional inputs.
I feel, the subsequent posters should post only when they differ with earlier post or they want to add something to earlier post. If they don't want to appreciate the earlier poster, it will not matter.
I never write any thing once I find the earlier poster is right. In case there is a different view or any additional input is required to be given, in such case only I write.
30th January 2015 From India, Mumbai
Dear Saswata ji,
Answer to your question is - yes, I support the move to increase maternity benefit to 24 weeks. This is because:
1. New born baby needs care and attention and proper nourishment by his / her mother. Overall growth of child is depends upon this. The time given by working women presently to the new born baby is not enough according to me. The World Health Organisation also has same view on it.
2. Central Government women employees are given six months maternity leave, as I understood. Then why there should be discrimination to other than CG women employees?
However, there should be restriction on number of deliveries. Or at least in first delivery the women employee is given six month maternity leave.
This is my view and you may have different view altogether.
30th January 2015 From India, Mumbai
Personally I do not support the move! Otherwise there should be a change in the qualifying service which at present is 80 days in 12 months. That means a woman employee who joined some less than 3 months can get 6 months leave with salary as a right and occasionally on request so many days of leaves, sick and casual leaves since we cannot make them work 'hard' while she is carrying.

I know that many women employees do not support my views and I can expect a tsunami of comments against my view. But this is purely my personal view and if the Act is amended I will be the first to apply it by granting it to my lady staff members because I follow the law and do not like to deny it to anybody. But, frankly speaking, before I sign an appointment order of a lady, I will think twice if I am not going to get the service of that lady for a year or more on the ground of maternity. This happens everywhere. When she is pregnant, her timings at office will change and whatever privilege she is given will be taken for granted or as a right she will take it and after the scheduled maternity leave days, she will start asking for further leave and finally will take a decision not to come back. This is the situation in almost all organised sectors and in such a scenario, personally, I will not vote for the change. Very sorry to say that I have no more comments on this subject!

Regards,

Madhu.T.K
31st January 2015 From India, Kannur
hello i will support the move its a good news for ladies but there should be a change in the qualifying service . as we know present is 80 days in 12 months it should be at least 11 moths or 1 year .

1st February 2015 From India
I think the move is illogical.

Just because the central government gives 6 months right, does not mean that private companies have to give it. Central government does not need to make money, bother about efficiency or value for money. They give 2 years of child care paid leave to be used ANY TIME TILL CHILD IS 18 YEARS OLD. And there are many women who are planning to take a whole year off when the child is 17 because they didn't get to use it or didn't need it earlier. No we can't follow this in private sector.

If this is passed, private sector will simply stop employing women unless absolutely necessary. Which will be bad for the economy and potential development of women in general.

The western economies are short of persons in th work force and are forced to give these benefits. And the government finances it. Well,,then let all women be under ESIC irrespective of salary level. Let ESIC pay for th maternity leave. I will support 12 months instead of 12 weeks then.
2nd February 2015 From India, Mumbai
1. Sir, it is reported that the said private members bill is still pending in the Parliament.
2. A majoirity of such bills, if not backed and supported by the government generally are treated as lapsed after certain period as per procedure adopted in legislative matters.
3. The then Government in the year 2012 had replied in the Lok Sabha that there was no proposal for any amendment in the Maternity Benefit Act, 1961. Nothing has been heard in the newspapers about the policies of the present government on above subject. There appears to be no possibility that the present government will support the above private member's bill.
2nd February 2015 From India, Noida
The question raised on increase in the number of entitled days of Maternity Leave from twelve weeks to twenty four weeks is matter of debate to be taken up in Parliament. But from the attached Private Bill of M.P. P. Karunakaran it may be seen that the Financial Memorandum appended to the Bill indicates that it will involve an expenditure of Rs.500 Crore from Consolidated Fund of India. Hence the Lok Sabha Secretariat (Legislative Branch-II) opined that the Bill cannot be considered and passed, and therefore advised to refer it to the President. However in my opinion the Maternity Benefit Act, 1961 will not involve so much fund flow i.e. Rs.500 Crore from the Consolidated Fund of India as this Maternity Benefit Act, 1961 mainly applies to private sector establishments covered under Shop & Establishment Act of the concerned state. It is because the Central Government has already adopted the recommendations of VIth Central Pay Commission vide OM dated 11/09/2008 that CG women employees are entitled to 180 days Maternity Leave. This means that the GOI is already paying CG women employees from the Consolidated Fund of India. Since private establishments do not come under the purview of Consolidated Fund of India, hence from my point of view the Financial Memorandum appended to the Private Bill needs to be reviewed.

I further agree with the views of Mr Koregaonkar that there should not be any discrimination among women and women i.e. women employees of Central/State Governments and women employees working in private sector establishments. Government of India may therefore need to enforce equality of law to all citizens of India. Nonetheless women employees working on daily wages or as contract workers are deprived of Maternity Benefits Act, 1961, therefore they also need to be covered. The Government of India should make suitable amendment in the Act to ensure social welfare benefits to all.

I will further suggest that unemployed married women should also be considered to be paid Maternity Assistance equal to at least one month's salary of their husbands.

Hope and request my opinion and suggestion will be favorably supported and considered by all seniors and members/visitors of citehr.

With thanks and warm regards,
C.M. Lal Srivastava
srivastavacmlal@gmail.com
9818680671
3rd February 2015
3rd February 2015 From India, New Delhi
24 weeks is very more leaves,,, Employer cant afford this things,,, Maximum leave must be 15 weeks, not more that.... this would be benifits for both employer & Ladies Employee......
Nikhil Konde
9860422727
Consultant and Practitioner of:
EPF, ESI, Factories Act, Industrial Disputes Act, Shops & Establishment Act,
Contract Labour (R&A) Act, MLWF, Payroll Processing, Other Labour &
Industrial Laws
3rd February 2015 From India, Pune
In many instances, after availing the maternity leave, the women employees further extend the leave or resign from the services. It is very difficult to fill the gap in the leave period. Upon rejoining, the said women employee lose the grip on the job. I am not against 6 months leave but this move will put the employer into financial onus, in particular, the software companies where the women employees outnumber men employees. On this tough competition era, such companies may find it difficult to cope up with the addl. burden of paying for the proposed MB, thereby cut their margins.
Pon
3rd February 2015 From India, Lucknow
I don't wish to say YES or NO to this bill. However we should approach this with some practicality point of view. Let us forget for the present the Govt. sector. What if when made applicable to pvt.sector, especially all women establishments such as, garment, pharmaceuticals, hospitals, banks, primary health centres, anganwadis, research projects, colleges, schools and other institutions, NGOs, police stations, some places trains, airlines, buses. Imagine at a time all such women employees apply for ML, these businesses, services will be temporarily closed/suspended ? I think most of the pvt. entrepreneurs, except trade unions, won't support this bill. May be via-media, leave without pay, limiting to 2 children norms could be possible. Madhu's views worth consideration. However there appears creation of more leave vacancies in those estts.
3rd February 2015 From India, Bangalore
To take it further, place it on the perspective, now a days we have been hearing, rather it is on the increase, establishments asking pregnant employees to put down their papers before going on ML. Measures like this, as and when gets introduced shall create IR problems. There are indications that even in IT sector where we have not come across Union activities so far, efforts are on to register Trade Union sort of arrangement as a result of 'Hire n Fire' policies prevalent in IT sector. At a time when we are upbeat about industrial growth now a days, these developments should not send out unwanted flutters to the investors world wide. Hypothetically, long time ago I read a news item about a convict lady, I don't remember now which country, hummm...vaguely Italian ?) was found to be always (continuously) pregnant, it reported, she adopted this modus operandi many years to avoid serving in jail. It was immaterial whether she delivers or not !! Because as per the jail rules of that country, a pregnant lady cannot be jailed. It instantly appeared and I cannot stop comparing this news now. With due respect to our female employees (incidentally my wife and daughter are also only females) Pl.don't take it offensive just in lighter vain. Seriously, In India, more and more no.of women opting (rather opted by hospitals) for caesarian defying normal deliveries. This tendency results in poor health in mothers necessitating continuous complications, nursing and medication. For such of those conditions this bill would really help. Contrarily, my SIL who is O & G surgion and worked for many years in Gulf countries told me that caesarian in those places, especially semi urban and rural are negligible. Moreover pregnant ladies who are in labour pain goes to the nursing homes/hospitals on their own, unaccompanied get admitted, delivers under the supervision in a quick time and leaves the home hugging their new born quietly without anybody noticing such a thing really happened. (Sadly in our country similar to these happens only when a women delivers an illegitimate child, especially a girl child). It's relevant, a working mother really deserves more days at home as much as possible. This is one subject which could be viewed differently by either side. And if this bill is unlikely going to be taken up by the BJP govt. it may not see the light of the day in the near future. In which case no intensive debate would be necessary.
5th February 2015 From India, Bangalore
To take it further, place it on the perspective, now a days we have been hearing, rather it is on the increase, establishments asking pregnant employees to put down their papers before going on ML. Measures like this, as and when gets introduced shall create IR problems. There are indications that even in IT sector where we have not come across Union activities so far, efforts are on to register Trade Union sort of arrangement as a result of 'Hire n Fire' policies prevalent in IT sector. At a time when we are upbeat about industrial growth now a days, these developments should not send out unwanted flutters to the investors world wide. Incidentally, long time ago I read a news item about a convict lady, I don't remember now which country, hummm...vaguely Italian ?) was found to be always (continuously) pregnant, it reported, she adopted this modus operandi many years to avoid serving in jail. It was immaterial whether she delivered or not !! Because as per the jail rules of that country, a pregnant lady cannot be jailed. It instantly appeared and I cannot stop comparing this news now. With due respect to our female employees (incidentally my wife and daughter are also only females) Pl.don't take it offensive just in lighter vain. Seriously, In India, more and more no.of women opting (rather opted by hospitals) for caesarian defying normal deliveries. This tendency results in poor health in mothers necessitating continuous complications, nursing and medication. For such of those conditions this bill would really help. Contrarily, my SIL who is O & G surgeon and worked for many years in Gulf countries told me that caesarian in those places, especially semi urban and rural are negligible. Moreover pregnant ladies who in labour pain goes to the (govt. run) nursing homes/hospitals on their own, unaccompanied, get admitted, delivers under the supervision in a quick time and leaves for home, self hugging their new born quietly without anybody noticing such a thing really happened there. She said almost forgotten her surgical skills acquired in India. Back home, she carries out on an average 5 caesarian almost everyday. (Sadly in our country similar to these happens only when (girls) women delivers an illegitimate child, especially a girl child). It's relevant, a working mother really deserves more days at home as much as possible. This is one subject which could be viewed differently by either side. And if this bill is unlikely going to be taken up by the BJP govt. it may not see the light of the day in the near future. In which case no intensive debate may be necessary.
5th February 2015 From India, Bangalore
Dear All,
Thanks for your positive reactions !!!!!
If this bill passed then Industries would be in heavy losses and there would be discrimination against the man or father of a child.
This bill still pending!
6th February 2015 From India, Delhi
Gm every1, Can anyone clear me that is this amendment also for private sector . Regard’s Meenakshi
6th February 2015 From India, Muzaffarnagar
-------------
Dear friend,
I don't understand what you see as + positive and what's (-) negative in this. I(We) as an employee welcome it, but as an employer/Manager not so. Right ? This bill may be allowed to be elapsed.
6th February 2015 From India, Bangalore
This is meant for private sector since in government sector the change has already been enforced as per the guidelnes of the last pay commission reports. Madhu.T.K
7th February 2015 From India, Kannur
I agee to you. The additional 3 months should be made rather optional and let company decide
8th February 2015 From India, Mumbai
Dear All
I appreciate the views expressed that if proposed bill is passed it will entails burden on industries. However no one has given views on Financial Memorandum attached to the proposed bill. I had pointed out that financial implication of Rs.500/- crore shown in the bill is not correct. Please comment on this aspect.
Regards
9th February 2015 From India, New Delhi
The implication is estimated cost to the central government (direct employees only) on the cost of the additional leave days.
it is not an estimate of the amount private companies will spend, or even including PSU and state government employees.

9th February 2015 From India, Mumbai
Dear All,
All employers / managers are concerned about financial losses but known is thinking about female employees health and concentration which deteriorates due to resuming back in 2.5 months after birth.
One of female employee in my org was thinking of quitting job after maternity since a mother cannot leave baby in just 2.5 months where 6 months breast feeding is necessary.
But if the maternity leaves increases to 24 weeks then women can happily come back without asking extension of leave, grace in timings or rather quitting job since the baby is now ready to be on supplementary feed.
Many private organization is practicing 6 months leaves to their female employees because they know and understand the fact and necessity then why cant all employers be employee friendly.
This change will be very positive for employees and females employees will come back happily
28th January 2016 From India, Mumbai
Dear All,

I welcome this move and surprised to see the disagreements on this positive move from few members of our HR fraternity.

We, the HR people need not be in the side of management to worry about the financial implications of legal enactments but should respect the need of the changes in line with international practices and expected human rights & privileges that can be extended to our working class. None of the social security benefits should have been come, if we think about financial burden to management.

Of course, there are difficulties in handling the absence of six months in an organisation, a skilled woman operator cannot be replaced by another one that too for only for six months, difficult, but we need to give that opportunity may be at higher cost. But other wise the ground reality is, the woman had to quit the job after pregnancy and child birth.

Still in many parts of our country, even in cities married women are denied job, indirect questions are asked to check their family planning and terminated from job reporting her pregnancy.

We have to appreciate this move, find ways to manage the absence of six months and to be respectful to women to pass their pregnancy time without worrying about job security.

Still, I am not sure, if this private bill is passed, what will be the level of compliance on implementation, but we there should be complementary enforcing mechanism to reach this delayed privilege to our sisters.

As Mr.Madhu TK, pointed out there can be an improved qualification period, considering the total service, not the service with one company, but we need to support this move at it is a demonstration of our social commitment and of course a progressive step.
30th September 2016 From India, Coimbatore
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