Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Gjk (ngo) Hr Manager
Executive Hr & Admin At Pena4 Tech
Retired Central Govt. Officer
2. So far as I understand, the Maternity Benefit Act, 1961 has not so far been amended and the eligible period under said Act is still twelve weeks.
23rd January 2017 From India, Noida
So i would say in this case your employer cannot permit for 6 month paid leave as your mentioned.
24th January 2017 From India, undefined
24th January 2017 From India, Noida
Please see the attachment.
25th January 2017 From India, Kannur
17th February 2017 From India, Ernakulam
18th February 2017 From India, Kannur
2. However, so far as reimbursement of medical expenses incurred in private hospital is concerned, such expenses if referral policy not followed are not re-imbursed. However, there is provision of reimbursement of Rs. 5000/- in confinement cases incurred at such places where there is no ESIS facilities ( viz. non-implemented areas) ( please see Rule 56-A of ESI (Central) Rules, 1950).
18th February 2017 From India, Noida
1. One of the employee is wanting maternity leave. This is her 3rd child. Also i would like to ask regarding the payment of salary during the maternity leave period. From where i have seen, the rules majorly apply for first and second pregnancy only. will she still get 12 weeks as its her 3rd child?
2. Second query is a staff joined the organisation in August. and she got married in October 2016. She is currently expecting her 1st child. I would like to know what the law says? This news was received around december. I believe there is some mention about 160 days period in the maternity law. Can anyone please enlighten me with the same?
22nd February 2017 From India, Mumbai
A women employee whether married or unmarried is eligible to maternity leave if she has worked for 80 paid days (not 160 which was made 80 days long before) during 12 months immediately preceding the expected date of delivery. Now, the interpretation of "during 12 months" has been a question of doubt always but in my knowledge it should be interpreted like, the employee should have a service of 12 months and during this 12 months she should have worked for 80 days for entitlement of maternity leave. If you take the conditions for maternity leave under ESI Scheme you will find that one who have contributed for at least 70 days in TWO contribution periods (means 12 months) only is eligible for 12 or 26 weeks leave.
Now coming to the apprehension of Roy Amrita, please share the circular attached in my earlier post to the concerned local office because many offices are still going without any internet facility due to which they are unable to get a copy of the circulars issued from their HQ. But they should have received illogical and ironical whatsApps trolls on this!!!
23rd February 2017 From India, Kannur