Industrial Relations And Labour Laws
Sr. Officer Hr
Srinath Sai Ram
Legal & Hr
Head - Hr & Administration
Assistant - Human Resources
Senior Executive - Hr & Admin
b)Maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work. Apart from 12 weeks of salary, a female worker is entitled to a medical bonus of 3,500 Indian rupees.(Section 5)
Read sec 3(n) Extract as below
"wages" means all remuneration paid or payable in cash
to a woman, if the terms of the contract of employment,
express or implied, were fulfilled and includes--
(1) such cash allowances (including dearness
allowance and house rent allowance) as a woman is
for the time being entitled to;
(2) incentive bonus; and
(3) the money value of the concessional
supply of foodgrains and other articles,
29th January 2018 From India, Pune
Please also clear that payment should be of 12 weeks or 26 weeks as per amendments of maternity Act 2017 and it has to be paid in advance or after delivery.
30th January 2018 From India, Noida
provisions of this Act, 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.]
30th January 2018 From India, Pune
More clarity will come up when rules are framed under the Act.
30th January 2018 From India, Pune
50 employees or 50 women employees?
The amendments in this Act directs establishments that employ 50 or more employees to provide for crèche facility, either in the office or in any place within a radius that is comfortable for employees to pick, drop and nurse the child. The mother will be allowed to visit the crèche four times in a day. This will include her interval for rest. The government recently released a notification clarifying that companies need to provide for the crèche facility w.e.f 1st July 2017
What is the age limit for children?
The Act does not mention up to what age the child will get creche facility. The Factories Act where the crèche facility should be provided up to 6 years of age. Although the daycare industry norm is to consider children up to 8-10 years.
31st January 2018 From India, Mumbai
I am working in Non-Profit Organization in Mumbai. I am 5 months pregnant. Hence I requested my organization to convey maternity benefits according to the Maternity Benefit Act 2017, as previously only 3 months maternity leave was given to the employee completing 1 year in the organization.
Now my immediate team leader told me that they might just not renew my contract from April 2018.
As they know very well, they cannot cancel my contract just because I am pregnant. So I want to know whether they can cancel my contract when other team members are going ahead with it?
6th February 2018 From India, Mumbai
15th February 2018 From India, Mumbai
a) A third Child: Those having two or more surviving children will be entitled for 12 Weeks of paid Maternity Leave of which not more than six (6) weeks shall precede the date of her expected delivery
b) For Female employees who are adopting a child who is less than three month old and for commissioning mothers the paid leave entitlement is for twelve (12) weeks.
c) Female employee who has undergone a miscarriage or medical termination of pregnancy is entitled for paid leave for a period of six (6) week immediately preceding the date of such an event.
d) Female employee is entitled for a paid leave for two (2) weeks if she is undergoing a tubectomy operation, immediately preceding the date of such an event.
17th February 2018
Please advice what should be done.
19th February 2018 From India, Ahmedabad
Any leave in excess of what is the right under the Maternity Benefit act, ie, 26 weeks, can be refused. The employee can use the facility available in the office. If she is not okay with the facility, let her resign and go. You cannot have the cake and hold the cake at a time. Either you can have a job or you can have a family life. The employer has already done what he has to do for a woman and if you bend beyond that, then in future it will become a right and all others will demand as a matter of right and the leave will go like anything. Every one will be happy to be with her child, if permitted and i that is to happen, why should we employ?
23rd February 2018 From India, Kannur
8th March 2018 From India, Pune
9th March 2018 From India, Kannur
17th March 2018 From India, Kannur
The reason i got confuse is;
(2) 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 1*[eighty days] in the twelve months immediately preceding the date of her
Provided that the qualifying period of 1*[eighty 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 establishment, 1*[the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately
preceding the date of her expected delivery shall be taken into account.
Now , Inclusion of paid holidays is mentioned in here but, nothing is mentioned about paid leave.
Thanks for clearing the doubts.
17th March 2018 From India, Pune
19th March 2018 From India, Kannur
Also, is above valid in the cases where the most of the premium is borne by the employees only and little contribution by the employer in the overall policy? though the Group Medical policy is in the Company's name.
Whose expense will it be considered? The employer or the Employee.
21st March 2018 From India, Gurgaon
22nd March 2018 From India, Kannur
29th March 2018 From India, Chennai
The above interpretation can be challenged. But i don't find a better interpretation for section 5(2). in the case of employees covered by ESI, the same thing is applicable. In that case it is ESI contribution of 78 days in two contribution periods. Each contribution period consists of 6 months and therefore, 12 months service is implied in such cases. As such you will not be eligible for maternity benefits.
Poorva Puri: There is no consequences either in the Principal Act or in Amended Act.If she does not return, hire another person in the place, you cannot do anything nor recover the amount paid.
Dineshkumar: Please read the entire post and then raise a question. This is just like asking who is Sita's husband after reading the entire Ramayana.
17th April 2018 From India, Kannur
Under the new Act, as amended, the maximum period of maternity benefit has been increased from the current 12 weeks to 26 weeks, in case of women who have less than two surviving children. For women having two or more surviving children, the existing period of 12 weeks maternity benefit would continue. Further, maternity benefit of 12 weeks would be made available to a ‘commissioning mother’ – the biological mother who utilizes her egg to generate an embryo implanted in any other woman. Also, for ‘adopting mother’, maternity benefit of 12 weeks is provided if she adopts a child below the age of 3 months from the date the child is handed over.
I got this from the following. Hope its helpful
18th April 2018 From India, Chennai
25th April 2018 From India, Kannur
My suggestion is that the Act should be made applicable to establishments employing a certain number of women employees. Now it is like an shop or office with 10 persons of which just one is female employee will be under the coverage of the Act. Automatically the provisions relating to creche etc will also be applied to such organisations when their manpower becomes 50. For a shop which employs say one or two persons it is not at all practical to pay 6 months salary to an employee who takes leave on the ground of pregnancy and delivery. And I don't think that the law enforcing authorities would check the ability of the shop owner or the employer to afford it. Once it becomes applicable to all establishments without reference to the number of employees, I am sure, the small employers will face a big loss. At the same time the law enforcing officers can make it gainful because they can visit each and every establishment and see whether they follow it.
26th April 2018 From India, Kannur
I have not signed any bond/document. However, there is a generic policy document on the firm's website that states i will have to return my maternity pay if i resign within a year of joining. I wish to know if this can be upheld by law if challenged?
20th July 2018 From India, Gurgaon
When I say legally you cannot be asked to return the money I would extend it by saying that morally we should not resign after availing the maternity benefits. This will send a message that all women do like this and it will even lead to reduce the employability of women.
20th July 2018 From India, Kannur