New Maternity Leave For Pvt Sectors, Especially For Haryana Govt? - CiteHR
Amit Aishwary Choudhary
Managing People At Work.

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Hi,
Can anybody explains me about new maternity leave for pvt sectors, especially for haryana govt.
1- Company HR saying that we will pay you only 90 days.
2- Payments will release when you complete 90 days work.
3- if you will not joining after 90 days we will make full and final.
Kindly let me know about new rule and regulations of maternity leave, am I eligible for 26 weeks or not as per new rule.
Is the new rule applicable.?

See if I under stood your question correctly, you want to know when you are eligible and for how much :-

First Point is Prohibition of Employment :-

Section 4 in The Maternity Benefit Act, 1961

4. Employment of or work by, women prohibited during certain periods.—

(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy.

(2) No women shall work in any establishment during the six weeks immediately following the day of her delivery miscarriage or medical termination of pregnancy.

(3) Without prejudice to the provisions of section 6, no pregnant women shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.

(4) The period referred to in sub-section (3) shall be—

(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;

(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.

Now Second point is Eligibility :-

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 one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery: Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

Explanation: -

For the purpose of calculating under this sub-section the days on which a woman has actually worked in the es

tablishment, the days for which she has been laid-off during the period of twelve months immediately preced

ing the date of her expected delivery shall be taken into account.

Dear Deepuji,

$$$ Your first queries is that Company HR saying that we will pay you only 90 days i.e. Twelve (12) Weeks.

## According to The Maternity Benefits (Amendment) Bill, 2016:

- The duration of paid maternity leave Increase from 12 weeks to 26 weeks ( in case of less than 2 children) which cannot be availed before eight weeks from the date of the expected delivery.

- However, a woman with two or more children will be entitled to 12 weeks of maternity leave which cannot be availed before six weeks from the date of the expected delivery.

- A woman with two or more surviving children will receive only 12 weeks of paid maternity leave. Such a provision restricting the benefit available based on the number of children was present in a few States, under the Shops and Establishments Acts. This is now being made a part of the central legislation as well.

Please check your eligibility accordingly.

$$$Your second queries is that Company HR saying that Payments will release when you complete 90 days work.

## Eligibility & Conditions for Claiming Benefits:

- She is eligible to claim maternity benefits if she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery. (Section 5)

- A woman looking forward to maternity benefits could ask the employer to give her light work for a month. Such request should be made at least 10 weeks before the date of her expected delivery. At that time she needs to produce a certificate confirming her pregnancy. (Section 5)

- Also she needs to give a written notice to the employer about 7 weeks before the date of her delivery regarding her absence period pre and post delivery. (Section 5).

- 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.

There are no any provision to Payments will release when you complete 90 days work.

$$$ Your third queries is that Company HR saying that if you will not joining after 90 days we will make full and final.

### When returning to work after maternity leave

- You must give your employer eight weeks’ notice if you want to return to work earlier or later than your agreed date.

Regards,

Amit

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