Hi all I am in a stage of preparing the policies to the organization.....I was told that its not a compulsion. I would like to know is that true? :shock:
From India, Hyderabad
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From India, Hyderabad
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It is mandatory to grant Maternity benefits as prescribed by the Maternity Benefit Act, 1961. As per the Act, a woman who has completed 160 days of work during the 12 months immediately preceding the date of delivery is eligible to get 12 weeks' leave with salary. In case of miscarriage, the benefit is 6 weeks' leave.
Regards,
Madhu.T.K
From India, Kannur
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4519Regards,
Madhu.T.K
From India, Kannur
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Hi Madhu, I need few clarifications - Maternity Policy, is it that 160 days the female employee has to work after availing the Maternity leave for 3 months?. Kindly clarify Regadrs, Kavitha
From India, Madras
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From India, Madras
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No. The reference of 160 days is that one woman worker should have worked at least for 160 days prior to the date of delivery in order to be eligible for Maternity benefit under the Act. It is immaterial whether she rejoins or not after delivery/3 months leave.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Hi Kavitha,
Thank you, Madhu.
Women, including temporary or unmarried individuals, are eligible for maternity benefits when expecting a child and have worked for their employer for at least 80 days in the 12 months immediately preceding the date of delivery.
As per the above act, could you kindly clarify whether it is 80 days or 160 days? I am confused.
Regards,
Kavitha
From India, Madras
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Thank you, Madhu.
Women, including temporary or unmarried individuals, are eligible for maternity benefits when expecting a child and have worked for their employer for at least 80 days in the 12 months immediately preceding the date of delivery.
As per the above act, could you kindly clarify whether it is 80 days or 160 days? I am confused.
Regards,
Kavitha
From India, Madras
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Hi,
I am in the process of designing the policies for our company. I went through your site, and it helped me get a lot of information about all the policies.
I have one query on Maternity Leave. I would like to know if the employee goes on Maternity Leave for 12 weeks (paid leave) and if she doesn't resume the service, then in this case, what should we do? We do not have PF facility where we can put a hold on it. Is it fair to pay her salary for 12 weeks once she is back from the maternity leave? 😕
Please advise me.
Regards,
Sonali.
From India, Pune
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I am in the process of designing the policies for our company. I went through your site, and it helped me get a lot of information about all the policies.
I have one query on Maternity Leave. I would like to know if the employee goes on Maternity Leave for 12 weeks (paid leave) and if she doesn't resume the service, then in this case, what should we do? We do not have PF facility where we can put a hold on it. Is it fair to pay her salary for 12 weeks once she is back from the maternity leave? 😕
Please advise me.
Regards,
Sonali.
From India, Pune
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Hi Sonali,
If the employee extends her leave, then you cannot deduct the 12 weeks' salary, but you do not have to pay for the extended leave until she joins back. If you are sure that the employee is not going to rejoin, then you can go ahead and deduct the notice pay as per your company policy.
From India, New Delhi
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If the employee extends her leave, then you cannot deduct the 12 weeks' salary, but you do not have to pay for the extended leave until she joins back. If you are sure that the employee is not going to rejoin, then you can go ahead and deduct the notice pay as per your company policy.
From India, New Delhi
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Hi Prathima,
I have been working with my current company for the last 3 years. If I go on maternity leave 4 weeks before delivery, with an understanding with my company that I will not be resuming back at all (so I am effectively resigning), am I still eligible to get my 12 weeks paid leave after my last working day in the office? (i.e., for the next 4 weeks before delivery and 8 weeks after delivery)
Please advise.
From India, Mumbai
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I have been working with my current company for the last 3 years. If I go on maternity leave 4 weeks before delivery, with an understanding with my company that I will not be resuming back at all (so I am effectively resigning), am I still eligible to get my 12 weeks paid leave after my last working day in the office? (i.e., for the next 4 weeks before delivery and 8 weeks after delivery)
Please advise.
From India, Mumbai
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Hi,
Post resignation, the management is not liable to provide you the benefit as the employee-employer relationship ceases after your resignation. But if the management is volunteering to pay it, recognizing your long-standing service in the organization, it can. - Saravana Rajan
From India, Mumbai
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Post resignation, the management is not liable to provide you the benefit as the employee-employer relationship ceases after your resignation. But if the management is volunteering to pay it, recognizing your long-standing service in the organization, it can. - Saravana Rajan
From India, Mumbai
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i have doubt about maternity benifit. i am working in it enabled services company.recently my manager is framing the policies.maternity policy is not there.eventhough shall i get that benifit?
From India, Hyderabad
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From India, Hyderabad
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Maternity leave is a mandatory one when female employees are working for any organization. Organization cannot say no for that.
From India, New Delhi
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From India, New Delhi
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Hi,
Is there any ground or excuse available for the employer to avoid paying 84 days' salary, especially in the present scenario of a recession? The organization, working on a time basis, is facing a truly problematic situation.
Is there any protection under the law available to the employer or provision for reimbursement from the government in cases where the employer is not the party at fault?
Please comment.
Anurag
From India, Jaipur
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Is there any ground or excuse available for the employer to avoid paying 84 days' salary, especially in the present scenario of a recession? The organization, working on a time basis, is facing a truly problematic situation.
Is there any protection under the law available to the employer or provision for reimbursement from the government in cases where the employer is not the party at fault?
Please comment.
Anurag
From India, Jaipur
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Dear Friends,
There are two aspects to consider:
1. The number of days a woman has to work to become eligible for maternity leave. A woman employee should have worked 160 days preceding her date of delivery to become eligible for maternity benefits.
2. The number of days a woman can avail once she becomes eligible. Eligible women under this benefit get 84 days of maternity leave.
- Saravana Rajan.
From India, Mumbai
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There are two aspects to consider:
1. The number of days a woman has to work to become eligible for maternity leave. A woman employee should have worked 160 days preceding her date of delivery to become eligible for maternity benefits.
2. The number of days a woman can avail once she becomes eligible. Eligible women under this benefit get 84 days of maternity leave.
- Saravana Rajan.
From India, Mumbai
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Eligibility is a minimum of 80 working days, either continuous or continual, for a period of 12 months. The leave with pay should be provided for 12 weeks. The flexibility of availing this 12 weeks is on the employee's onus. Another aspect stated in the law is that an additional 4 weeks with pay should also be provided if the employee provides a doctor's certification stating she has developed an illness because of the maternity and needs one more month of bed rest. This is in accordance with legal compliance.
Chandrasekhar Podugu
From India, Hyderabad
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Chandrasekhar Podugu
From India, Hyderabad
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I am working for an MNC IT firm and would like to know whether female employees proceeding on maternity leave can combine their sick leave, casual leave, along with maternity leave. Also, I would like to know whether the leaves accrued (vacation leave, sick leave, casual leave) during maternity leave of 12 weeks can be combined with maternity leave, or if they have to resume duty to avail this leave. Please advise.
As per policy, it's 18 vacation leave, 6 sick leave, and 6 casual leave.
From India, Bangalore
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As per policy, it's 18 vacation leave, 6 sick leave, and 6 casual leave.
From India, Bangalore
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Latha, U can calculate the number of leave available on prorate basis and can be combined with the maternity leave.
From India, New Delhi
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From India, New Delhi
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Maternity leave can be clubbed with CL or any other available leave. For eligibility for maternity leave, a woman should have worked for at least 80 days, not 160 days. Maternity leave of 12 weeks will include all Sundays and holidays that intervene. A maximum of six weeks of maternity leave shall be taken before the date of delivery, but it is not compulsory for the 6 weeks of leave to precede the date of delivery.
Regards, Madhu.T.K
From India, Kannur
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Regards, Madhu.T.K
From India, Kannur
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Dear Madhu,
I am confused whether it is a total of 6 weeks or 12 weeks to take, and the minimum eligibility is either 80 days or 160 days for leave. Are there any statutory formalities required to fulfill before applying for maternity leave?
Regards,
Ruchi
From India, New Delhi
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I am confused whether it is a total of 6 weeks or 12 weeks to take, and the minimum eligibility is either 80 days or 160 days for leave. Are there any statutory formalities required to fulfill before applying for maternity leave?
Regards,
Ruchi
From India, New Delhi
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Hi prathima, Can the employee apply leave along with her Maternity leave in Dec itself the leaves which is going to be accured during her Maternity leave (jan feb,march).
From India, Bangalore
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From India, Bangalore
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Hi madhu, Can the employee apply leave along with her Maternity leave in Dec itself the leaves which is going to be accured during her Maternity leave (jan feb,march).
From India, Bangalore
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From India, Bangalore
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Hi Madhu,
I want to express my gratitude for the information you provided; it was very useful. I have a question regarding the extension of leave beyond the stipulated period in the Maternity Leave policy. If an employee wishes to extend their leave, even if it is unpaid, and the employer chooses not to grant this extension, could there be any legal implications under the Maternity Benefit Act, 1961 that would bind the company?
Thanks, Sangeetha Susan
From India, Coimbatore
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I want to express my gratitude for the information you provided; it was very useful. I have a question regarding the extension of leave beyond the stipulated period in the Maternity Leave policy. If an employee wishes to extend their leave, even if it is unpaid, and the employer chooses not to grant this extension, could there be any legal implications under the Maternity Benefit Act, 1961 that would bind the company?
Thanks, Sangeetha Susan
From India, Coimbatore
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Dear All, can any one of you please guide me as i am in the process of framing marternity policy for my company. As i am looking for something exact. God Bless!
From India, Ambala
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From India, Ambala
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Hi Is that necessary to pay maternity bonus to the women employee who received the 90days maternity benefit
From India, Madras
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From India, Madras
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As per the Maternity Benefit Act 1961: "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 not less than eighty days in the twelve months immediately preceding the date of her expected delivery".
From India, Pune
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From India, Pune
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Yes, it is. Subject to the provisions of this act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefits at the rate of the average daily wage for the period of her actual absence. This period includes the time immediately preceding the day of her delivery, the actual day of her delivery, and any period immediately following that day.
From India, Pune
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From India, Pune
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hi tarajane, After resigning your are not eligible for availing the maternity benifts as per the maternity act 1961. Regards, Anjali
From India, Pune
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From India, Pune
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As per the Maternity Benefit Act 1961:
A female employee shall be eligible for maternity leave for a period of 90 days from the date of its commencement. Can anyone help me to determine whether it is 90 working days or 90 days including weekends?
If it is a software company, do we need to calculate 5 working days only in the maternity leave for each week, or are we allowed to include weekends in the 90 days of maternity leave.
Regards,
Anjali
From India, Pune
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A female employee shall be eligible for maternity leave for a period of 90 days from the date of its commencement. Can anyone help me to determine whether it is 90 working days or 90 days including weekends?
If it is a software company, do we need to calculate 5 working days only in the maternity leave for each week, or are we allowed to include weekends in the 90 days of maternity leave.
Regards,
Anjali
From India, Pune
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Dear Anjali,
If you have read the M B Act, 1961, then why have you written 90 days period of maternity benefit? It might be possible that your unit may be providing a 90-day benefit, but according to the M B Act, 1961, section 5(3), the maximum period for which the woman employee shall be entitled to maternity leave will be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery.
It is also clarified that we are allowed to include the weekends in 84 days as paid holidays. This is as per section 5(2) explanation of the aforementioned Act.
Regards,
R.N.Khola
Sr. Associate
From India, Delhi
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If you have read the M B Act, 1961, then why have you written 90 days period of maternity benefit? It might be possible that your unit may be providing a 90-day benefit, but according to the M B Act, 1961, section 5(3), the maximum period for which the woman employee shall be entitled to maternity leave will be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery.
It is also clarified that we are allowed to include the weekends in 84 days as paid holidays. This is as per section 5(2) explanation of the aforementioned Act.
Regards,
R.N.Khola
Sr. Associate
From India, Delhi
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Dear All Need one small clarification....pls guide When an female employee goes on Maternaty leave is she eligible for Full salary or only the basic. Regards Padmashree
From India, Bangalore
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From India, Bangalore
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Hi Padmashree, A female employee may be entitled to normal pay from the Company for the period of maternity leave. Regards, Anjali
From India, Pune
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From India, Pune
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I need some more clarification on what maternity leave entiles. Can a woman combine annual leave with maternity leave
From Kenya, Nairobi
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From Kenya, Nairobi
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Hello,
A female employee shall be eligible for maternity leave for a period of 84 days (Twelve weeks) from the date of its commencement. Maternity leave shall not exceed more than 84 days. Maternity leave may be combined with leave of any other kind.
Regards,
Anjali
From India, Pune
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A female employee shall be eligible for maternity leave for a period of 84 days (Twelve weeks) from the date of its commencement. Maternity leave shall not exceed more than 84 days. Maternity leave may be combined with leave of any other kind.
Regards,
Anjali
From India, Pune
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Hi,
The company I worked had a policy like this:
• Female employee should have worked for 365 days after she joins the organization.
• Eligible for 3 months(12 weeks)of leave
• The maternity amount would be paid to her once she resumes back to the work in three equal instalments.
• Benefits are valid only for 2 deliveries.
• The employee is eligible to take 4 weeks leave prior to delivery and 8 weeks post delivery.
•
From India, Hyderabad
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The company I worked had a policy like this:
• Female employee should have worked for 365 days after she joins the organization.
• Eligible for 3 months(12 weeks)of leave
• The maternity amount would be paid to her once she resumes back to the work in three equal instalments.
• Benefits are valid only for 2 deliveries.
• The employee is eligible to take 4 weeks leave prior to delivery and 8 weeks post delivery.
•
From India, Hyderabad
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