Harsh Kumar Mehta
Consultant In Labour Laws/hr
Head - Human Resources
Assistant Manager-hrd
Asso.prof.(commerce & Management) Pg
+2 Others

Thread Started by #yprince

colleague is 4 month pregnant & Dr. suggested her to take 1 month leave now., so can private limited company can grant her 1 month leave with pay or without pay.. what is the rule as per Maternity benefit or Shop 7 establishment act.
Pls guide
8th December 2015 From India, Mumbai
Hi Yprince,
According to the Maternity Benefit Act, "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". This leave which she has requested has nothing to do with the act. You can allow her to go on leave based on her condition, which might be leave with pay or without pay, based on your management discretion.
During pregnancy, there might be lot of complications, so please act judgmentally. Also speak with her and understand her conditions, some employees may even take break from work after delivery. You should be worried if she extends her leave.
8th December 2015 From India, Bangalore
The constitution or type of ownership has no relevance in the applicability of Maternity Benefits Act . First of all confirm whether the Act is applicable to the Co and the employee. If yes , then she is eligible for one months leave with wages, if doctor certifies that she is suffering from a disease arising out of pregnancy.
8th December 2015 From India, Thiruvananthapuram
The establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months then the Maternity Act is applicable to that establishment.
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, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day
No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery
8th December 2015 From India, Hyderabad
1. Dear member, I think, under section 10 of the Maternity Benefit Act, 1961(if applicable in your enstablishment) there are three conditions on which a employer is required to make the payment of maternity benefit for a maximum period of additional one month i.e.- (a) the claimant woman must be entitled for maternity benefit (b) the illness must be arising out of pregnancy, delivery etc. as mentioned in said section (c) on production of such proof as may be prescribed ( i.e. under said Act or rules).
2. If the establishment is covered under Shope & Commercial Establishment Act, then the provisions of relevant State Act and rules made thereunder can be examined.
8th December 2015 From India, Noida
Due to certain complicated health condition pregnant ladies have to take care of the growth of fetus during early part of pregnancy. Lest there is a danger of damaging the precious child & miscarriage(may God save them) (for which also ML is permissible). It's natural they require few days of leave now and then for medical attendance. At the same time entitled maternity leave as per the act or otherwise has to be secured/spared for pre-natal & post-natal care which is due during later part/delivery. At this juncture, it's suggested she might utilise her Sick/medical leave or EL/PL/CL supported with MC split into a couple of days as when imminent so that leave with pay is ensured.
9th December 2015 From India, Bangalore
Though our bodies have different way of reacting during pregnancy, in my company if such happens, the female employee will apply for part of her maternity leave with pay, if she has not been confirmed or spend up a year, the maternity leave will be calculated on pro rata basis with pay. if she exceeds the maternity leave she will not be paid for the periods she is absent from work. If her absence is affecting the company, the management will take decision on the next step.
It is the company's policy.
9th December 2015 From Nigeria, Lagos
When ever a
Discussion on ML , leave is seen in this forum people are relating it to confirmation. Except in the case of annual leave in Factories Act (240 days working) &in some shops and commercial. Establishment(one yea
r service) no other leave especially maternity leave is not linked to confirmation.
10th December 2015 From India, Thiruvananthapuram
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