Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Manager - Human Resources
Hr -executive
+3 Others

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I am working in a private sector since 7 months and after 6 months they have confirmed me. I am 7 months pregnant . Initialy they told me that they will give me a maternity leave and now they are telling that you have not completed an year in the company so you cannot be benefited with it. Is this true?
From India, Mumbai
Hi, I joined private organisation on 7th Jan 2015. My delivery date is 25 Oct 2015. Am I eligible for maternity leave
From India, Mumbai
As per the current law, you are eligible for maternity leave. You don’t have to complete one year in the company. You are eligible if you have worked for at least 80 days in the last 12 months.
From India, Mumbai
1. Dear member, similar type of subject was discussed in this forum earlier also in which experts/seniors have expressed their opinion. Online link of the same is mentioned as follows:-
2 I hope, you will find the relevant information from the thread as mentioned above and also from the threads as mentioned therein.

From India, Noida
You are eligible for a maternity leave of 90 days (Pre & Post pregnancy). Also if you wish to extend the period, you may adjust your leave against the existing leave balance if any.
Also you are eligible for the full pay for 90 days. Also the act recommends the employer to pay Rs.3200 as maternity bonus.
May God Bless you & your child for a safe & healthy delivery of your child.
With Best Regards
Devi Balaji

From India, Madras
Ya but if they completely refuse to pay me or if now dey say that it will b paid after you deliver a baby. Is der any law against this
From India, Mumbai
1. Dear members, I will request Devi Balaji to kindly advise me as to under which section(s) of the Maternity Benefit Act, 1961 or any other law presently applicable following informations as mentioned by said member are laid down:-
(a) "eligible for a maternity leave of 90 days"
(b) "the employer to pay Rs.3200 as maternity bonus".
2. So far as I understand both above informations appears to be not correct. I hope that I may be able to update my knowledge, if I get the informations on above 2 points.

From India, Noida
My top management is refusing to give maternity paid leave. They say your leave will go for 6 months and they have to hire another employee which is not affordable for them. They are forcing me to resign and are saying that they will pay me one month salary. How can I trust them for this as well. They may deny. How can I get my right . whom shall I approach. If I go thru lawyer ppl say nothing happens n I will lose much more money. Plz guide me.
From India, Mumbai
As per Maternity Benefit Act, 1961 , employee should work 80 days in the organisation , than she/her eligible for Maternity leave for 12 week , 6 weeks perior or 6 weeks post delivery with Maternity Bonus. employer can not refuse to give maternity benefit to employee.

From India, Gurgaon
Dear Mr.Mehta,
Recently we were audited by external HR Agency who advised us to pay Rs.3200/- as Maternity Bonus. Hence I confirmed that.
We follow the system of 12 weeks. 6 weeks before pregnancy and 6 weeks after pregnancy. Hence we are paying salary for 90 days (3 months) for the employee in addition to giving 12 weeks leave.
Correct me if I am wrong.
Devi Balaji

From India, Madras

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