One of my professional friend has asked me a good question, He is engaging female employee in his office. The female employee is on maternity leave for 12 weeks. His question is during maternity leave period (84 days) whether she will get any Earned leave / Privileged leave. My answer is yes she will earn PL/EL. because as per section 25 B of ID Act , she will be treated as if she is putting her attendance on daily basis during the period of maternity leave.
If any body disagree with this opinion, please write me.
A.K. Hati
09771438224

21st November 2016 From India, Kolkata
Mr Hati,
You have given absolutely right advice according to Factory as well as ID Act.
In this maternity leave, she will be entitled for earned leave but subject to the limit of and criteria of maternity leave and entitlement.
21st November 2016 From India
Hi Hati,
Thank you for the valuable info. My query is the EL/PL applicability is only for the duration of 84 weeks - maternity or also for the unpaid leaves post 84 weeks as per the employee special request for extension.
Example: One employee joins back after 8 months after her maternity leave, in which 3 months is the applicable maternity leave and balance of 5 months is of unpaid. Hence, the credit of PL/EL is applicable for all the 8 months or 3 months?
22nd November 2016 From India, Hyderabad
Your question first question: "during maternity leave period (84 days) whether she will get any Earned leave / Privileged leave?"



1. Maternity leave is for the period of 12 weeks which will be 90 days and not 84 days. Section

Section 5 (3) provides that, the maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery. (not being a

date earlier than six weeks from the date of her expected delivery)

2. Yes the female employee is entitle to get her daily wages during her maternity leave. According to Section 5 (2) of the Act that, every woman shall be entitled to maternity benefit who 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.

Your second question : EL/PL applicability is only for the duration of 84 weeks - maternity or also for the unpaid leaves post 84 weeks as per the employee special request for extension.

According to the section 5 (3) of Maternity Benefit Act, earn Leave is applicable only for the duration of 12 weeks (90 days). Which means, a woman employee can calm maternity benefit only for the period of 3 months. Hence, the credit of wages is applicable only for the 3 months.

However, Section 9 and 10 of the Act, provides provision for leave for miscarriage and Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage. A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof be entitled to get a maternity befit leave for a maximum period of one month. Therefor, the credit of wage is applicable only for 3 months (in general) and one additional month if she is suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage.

Section 6 (5) says the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.

The credit of PL/EL is not applicable for all the 8 months but only for 3 months.

I hope this suffices.
23rd November 2016 From India, Udupi
I want to know the period of maternity confinement leave 12 weeks or 26 weeks. If 26 weeks I need a notification. Regards.
23rd November 2016 From India, Kolkata
Continuous service under the ID Act is incorporated for calculation of compensation for lay-off & retrenchment. Definition is act-specific, unless mentioned otherwise in it.
If his org is a factory then employee is entitled to leave on 'days work performed' as such there will be NO leave on 12 weeks' ML. But in threshold entitlement days of 240 days, 12 weeks ML is to be added, if such employee falls short of 240 days.
Under shops act you need to refer to your state act to check. In Maharashtra employee should have 'worked' for 240 & above days to be entitled to leave. There is NO mention about ML under "Chapter VII - Leave with Pay and Payment of Wages". Again, check state act if it iss establishment.
It will be a good idea if your friend seek guidance from HR regulatory consultant as there are so many requirements to be fulfilled / adhered to.
Shrikant Prabhudesai, Thane
7738665045
23rd November 2016 From India, Mumbai
Your question: I want to know the period of maternity confinement leave 12 weeks or 26 weeks. If 26 weeks I need a notification. Regards.
The period of maternity confinement leave is 12 weeks and not 26. There is a proposed Maternity Benefit (amendment) Bill, which is yet to be a legislative, which will amend section 5 (3) (i) .Twelve weeks shall be substituted to twenty six weeks. The bill will come into force on such date as the Central Government may, by notification in the Official Gazette.
A Bill is the draft of a legislative proposal. It has to pass through various stages before it becomes an Act of Parliament.
Thank you
24th November 2016 From India, Udupi
Your question: I want to know the period of maternity confinement leave 12 weeks or 26 weeks. If 26 weeks I need a notification. Regards.
The period of maternity confinement leave is 12 weeks and not 26. There is a proposed Maternity Benefit (amendment) Bill, which is yet to be a legislative, which will amend section 5 (3) (i) .Twelve weeks shall be substituted to twenty six weeks. The bill will come into force on such date as the Central Government may, by notification in the Official Gazette.
A Bill is the draft of a legislative proposal. It has to pass through various stages before it becomes an Act of Parliament.
Thank you
24th November 2016 From India, Udupi

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File Type: pdf maternity benefit ammendment bill 2016.pdf (19.5 KB, 716 views)

Dear,
Greetins of the day!!!
The Maternity Benefit amendment bill 2016 was passed by Rajya Sabha and Lok Sabha in the month of August 2016.
Now Bill is with PMO office for final ordinance. You can track the ordinance status in below mentioned link.
PRS | Bill Track | All Bills
Please wait for final notification for effective date, till date old Maternity Bill is applicable.
24th November 2016 From India, Pune
Hi Niyathi,
Thank you for the detailed info. As you mentioned, the maternity period is 12 weeks which is 90 days not 84 days. So, this is like, total 3 months irrespective of the no. of days in the month (28/30/31). And 12 weeks is comes to 84 days in number and how come it be 90 days.
Please do suggest.
24th November 2016 From India, Hyderabad
Can anyone please send me the policy document for this? My ID is
2nd November 2017
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