Harsh Kumar Mehta
Consultant In Labour Laws/hr
Head - Human Resources
Asso.prof.(commerce & Management) Pg
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
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
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
9th December 2015 From India, Bangalore
It is the company's policy.
9th December 2015 From Nigeria, Lagos
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