I wanted to know what it says about private employer is it compulsory to give paid maternity leave to the employee to private organisation too
From India, Pune
Labour Law & Hr Consultant
Vice President - Hr/hcm/people Success
Founder And Mentor @ Ethical Business Strategists
+1 Other


Hi Archana,
For your question "Is it compulsory to give paid maternity leave to the employee to private organisation?" - Yes, it is, provided any woman/female employee should have minimum 80 working days to her credit in last 12 months counting from start of maternity leave to be eligible for maternity benefits in that organization.
You can always use the search tab provided here as these topics were discussed manier times in this forum.
@ CiteHR maternity
+ http://www.prsindia.org/uploads/medi...ll,%202016.pdf

From India, Bangalore
Dear Archana,
Yes, it is necessary to grant paid maternity leave to the female employee who has put in about 3 months service. You have not mentioned how long this employee is with you so I presume she must be working for more than 3 months. I remember, we were disbursing one additional benefit by a lumpsum amount to the tune of Rs 1000/- (app) , called medical bonus, to the employee proceeding on maternity leave. We are supposed to maintain one register of employees proceeding on Maternity leave in the prescribed format, as per Maternity Benefit Act 1961. The section 12 of the act prohibits employer to dismiss or terminate any employment if an employee absents as per the provisions of this act. Similarly the employer cannot bring out any change in service conditions during such time.
Thanks & Regards.

From India, Mumbai
The establishments can NOT deny provisions of the Maternity Act by making its policies. The current provision is 12 weeks which will soon increase to 26 weeks after the Bill Amendment is passed in the parliament. For any maternity leave applicant it would mean that -
1. she would be entitled to leave in accordance with the revised provisions (26 weeks),
2. if such amendment is enacted before end of the maternity leave using current provision.
Happy news!

From India, New Delhi
I think that the caption ( added by the citeHR?) of the query and the content of the query is altogether different. The confusion arising out of the different scales of maternity benefits given to the Central and State Govt. employees under their respective Leave Rules and to the Industrial employees under the Maternity Benefit Act,1961 has given rise to this question. Nothing to be added more to the answers of the above learned friends in this regard.
From India, Salem
Thank you all actualy my organisation has refused to give me maternity benefit giving reason that my post is contractual... It is so but im working in the same organisation since three years means my two years service is complete hence i arised this question also i wanted know that what can i do next to avail this benefit to me.
From India, Pune
Dear Archana,
I think you are a teacher of a private educational institution situated in the State of Maharashtra. Whatever the nature/status of your employment, since you've already rendered more than the minimum period of service stipulated under the MBF Act,1961, you are entitled to all the benefits under the Act. For further information refer to the thread entitled " Application of the Maternity Benefit Act - PDF Download".

From India, Salem

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