Saswatabanerjee
Partner - Risk Management
Psdhingra
Legal Analyst, Hrm
R.N.Khola
Labour Laws & Ir
Careercruise
Manager Hr
SrAdvBhat
Sr Advocate
+1 Other

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Dear seniors,
greeting of the day to all of you,
one of our female employee has conceived her 3rh child hence she has given application for pre- natal maternity leave. please guide me weather employer is always bound to provide maternity leave if she has conceived her 3rd, 4rh, 5th child,
Thanks & Regard
Raman

From India, Jaipur
Law is silent about the benefit to be given for more than two kids. Hence it can be argued that the employee is entitled for the maternity benefits of 84 days as normal.
From India, Kochi
for your information I would like to share this piece of information regarding new changes that going to happen
https://biblehr.com/amendments-to-th...efit-act-1961/

From India, Kochi
Dear Member,
If you putting this query under The Maternity Benefit Act, 1961 then of course the answer is yes.
With Regards,
R N KHOLA

From India, Delhi
The new ammendment act has been passed by the lokshabha. Pending in the rajya shabha.
You are required to give maternity leave (both under current and revised law). However, under the new law, for first 2 children you need to give 26 weeks (6 months) and for remaining child you are required to give 12 weeks leave.
Again the wording used is "where she has less than 2 children alive", so it means in case of an unfortunately incident like death of a child, she will still be eligible for full 6 months maternity pay.

From India, Mumbai
Rajya Sabha has also passed the new new ammendment act on maternity benefits.

As per the information, dated 10 Aug. 2016 by the Press Information Bureau the following are the slaient features of the amendment act that earlier approved by the cabinet'

"The maternity benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons. The amendments will help 118 lakhs (approx.) women workforce in organised sector.

To make it more clear, the amendments to Maternity Benefit Act, 1961 are as follows:

- Increase Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two children.

- 12 weeks Maternity Benefit to a ‘Commissioning mother’ and ‘Adopting mother’.

- Facilitate ‘Work from home’.

- Mandatory provision of Crèche in respect of establishment having 50 or more employees.

Justification:

- Maternal care to the Child during early childhood – crucial for growth and development of the child.

- The 44th, 45th and 46th Indian Labour Conference recommended enhancement of Maternity Benefits to 24 weeks.

- Ministry of Women & Child Development proposed to enhance Maternity Benefit to 8 months.

- In Tripartite consultations, all stake holders, in general supported the amendment proposal.

From India, Delhi
Dear Mr. Dhingra
So now its applicable to all Companies or do we need to wait for "President Approval" ffor the Final incorporation of this law? Any expected date, from when it will be Mandatory Law? Because right now the applicable law is of 3 months...

From India, Delhi
Applicability depends upon the assent of the President of India. Definite date can't be guessed in any political process. Lok Sabha has yet to pass the amendment bill, may take up probably in winter session. Only thereafter assent of the Present of India can be expected any time.
From India, Delhi
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