Amit Aishwary Choudhary
Managing People At Work.
Renu Robin Design
+2 Others

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Hi All, I joined a private company on 15.06.2017. Now I'm into second month of pregnancy. Am I eligible for Maternity Benefit.
If yes, 26 weeks will be a paid leave or leave without pay. Please let me know.
Thanks in advance

I’m not covered under ESI.. Am I eligible for the Benefit
As per maternity benefit act you need to complete at least 80 payable days for eligible into the same. If you have completed the same then you are eligible to takes leave of 26 weeks.
Hope its clear.

Sir, Is that 26 weeks will be a paid leave or leave without pay..
As per Maternity Benefits Act 1961, every woman employee will get 26 weeks of maternity leaves.
So as per latest amendments in maternity benefits act 1961 every woman employee will get 26 weeks or 182 days of maternity leaves during their pregnancy. These 26 weeks will be given to pregnancy during first Two babies after that only 12 weeks maternity leaves will be given to women employees.
The average time to start maternity leave is 8 weeks before the delivery i.e 2 months before the delivery. Generally, women employees will take maternity leaves as per maternity benefits act 1961 as 8 weeks : 18 weeks ratio. 8 weeks before the delivery date and 18 weeks post delivery date. If they want to avail more maternity leaves after delivery then they have to take only 4 weeks of maternity leaves before delivery. So that they will get more maternity leaves after delivery date.
# Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately
following that day
-The average daily wage means the average of the woman's wages payable to her for the days on which
she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity.
# 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 "eighty days" in the twelve months immediately preceding the date of her expected delivery.
So it is paid leave.

In new Maternity Benefit Act "Work From Home" clause is added. Is it applicable after availing 26weeks leaves as per mutual understanding OR after 90 days. pls confirm
Section 5 sub-section (5), In case where the nature of work assigned to a woman is of such nature
that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree.
i.e. just after availing the Maternity Leave.

Thanks Mr.Amit for your reply.
Hi All, Maternity leave wages count as per in hand salary or basic salary.
Hello Seniors,
Please help me out with the Govt. Order on Maternity Leave (26 Weeks) is a paid leave. I need to submit to avail the benefit.
And also please let me know.. In case of paid leave whether i am eligible for full Gross or only Basic Pay.

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