Industrial Relations And Labour Laws
Aniket Pathak
Sr. Officer Hr
Srinath Sai Ram
Hr Manager
Kavita Sharma
Hr Manager
Urjit Kavi
Head - Hr & Administration
Poorva Puri
Assistant - Human Resources
Hr Executive
Senior Executive - Hr & Admin
+3 Others


Hi..Can you please let me know (a) What is the eligibility working period criteria for Maternity benefits (b) Wages covered what Basic or Gross or CTC (c) Is it mandatory that Company is liable to pay for 26 weeks of Maternity period for eligible candidate (d) Can we put condition of rejoining duty for payment or half payment before delivery and half payment after rejoining duty. Pls suggest.
29th January 2018 From India, Noida
a) Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefit.Section 5(2) of the Act.
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,
c) No.
29th January 2018 From India, Pune
Thankyou Mr. Nathrao.
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
Section 5. Right to payment of maternity benefit.- 1*[(1) Subject to the
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
What is the eligibility for Creche facility . How can i check that my Company is liable for creche facility.
Thanks in Anticipation!
30th January 2018 From India, Noida
Maternity Benefit (Amendment) Act 2017 (MB Amendment Act) has come in force with effect from 1 April 2017. Effective July 1, 2017, the MB Amendment Act makes it mandatory for every establishment having fifty (50) or more employees to provide crèche facility. Women employees are to be allowed four visits a day to the crèche, a welcome change guaranteeing working women an additional protected environment at their workplace.
More clarity will come up when rules are framed under the Act.
30th January 2018 From India, Pune
The Maternity Benefit (Amendment) Act, 2017 regulates the employment of women before and after the birth of their child. This Act is expected to help women accommodate both their personal and professional lives. It not only helps women to manage their family responsibilities effectively but it turns out to favor organizations as well who were struggling to increase workplace diversity and creating an inclusive and supportive work environment.
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
Dear Sir/Madam,
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
Can the employer terminate the female employee incase of maternity leave when she availed
9th February 2018 From India, Chennai
Termination during maternity leave or because employee asks for maternity leave is illegal.
9th February 2018 From India, Pune
If the women Employee is not covered under ESIC , then what is the procedure under maternity Act for payment of her salary and leaves?
10th February 2018 From India, Pune
Please explain maternity rules in adoption and surrogacy case.
10th February 2018 From India, Delhi
Appreciated. Fully knowledgeable. Great Job!
14th February 2018 From India, Delhi
the Maternity Benefit (Amendment) Act, 2017 (“Maternity Amendment Act”) on March 27, 2017, the law also (a) extends maternity benefits to commissioning and adopting mothers, (b) mandates employers to provide creche facilities at the establishment, (c) allows women to work from home in certain cases and (c) requires employers to inform female employees at the time of their joining about maternity benefits available to them
15th February 2018 From India, Mumbai
The Maternity Benefit (Amendment) Act, 2017 also has provisions for female employees having
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
I have a query. A Female staff applied for Maternity Leave and was granted leave as per Maternity Benefit Act 2017. Now she is demanding excess 3 Months Leave stating that the child is adapted to mother and cannot stay with the family. We have creche facilities but she is not ready to accept the same.
Please advice what should be done.
19th February 2018 From India, Ahmedabad
It is legally wrong to cancel a contract of employment or terminate a woman during her pregnancy. But if she is on FTC, ie, appointed on a fixed term contract, the employer can refuse to renew it. The employee cannot demand that the contract should be renewed.
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
Dear all, i have query regarding maternity benefit. can eligible woman employee take maternity leave in break means if she is having some complications and she has taken leave for a month (during 2nd/3rd month of pregnancy. then can she claimed that leave as maternity leave.
8th March 2018 From India, Pune
No,maternity leave should be in one single stretch and the maximum leave which can be taken prior to delivery is restricted to 8 weeks. Leave for any sickness arising out of pregnancy in he 2nd or 3rd month should be availed from your PL or sick leave, as the case may be.
9th March 2018 From India, Kannur
I request seniors to clarify that, to be eligible 80 days working is required does this implies to physical attendance or paid days.
16th March 2018 From India, Pune
The section says 80 days of actual work during last 12 months.Read sec5(2) of the Act.
16th March 2018 From India, Pune
80 days working means 80 days including holidays, weekly offs and other paid leaves. Please be informed that wherever reference of working days for eligibility of annual leave, gratuity, lay off compensation, retrenchment compensation etc are mentioned, the days of service should include all paid leaves, paid holidays and paid weekly off days.
17th March 2018 From India, Kannur
Thanks a lot to both seniors...
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
expected delivery:
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
That is not necessary. An employee on regular rolls of the company is expected to be on service if she is paid salary. If she is not in service, we will not pay salary. That is why leaves which are paid leaves are also considered as days worked.
17th March 2018 From India, Kannur
I have a query in regard to MEDICAL BONUS. In a case where the employee is availing the Group Insurance benefits for her Maternity, is company still liable to pay medical bonus (INR> 3,500/-)?
19th March 2018 From India, Gurgaon
If your medi claim covers post natal care of mother and new born child, then you need not pay the medical bonus. Most of the medi claims are designed in such a way that it covers only treatment costs and incidental costs and excludes the cost of nursing after the patient has been discharged from hospital. It may not cover the fees of a doctor going to your employee's home for giving necessary advises on health care matters, precautions to be taken etc.
19th March 2018 From India, Kannur
Thank you for your response Mr. Madhu.
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
Who pays your premium is irrelevant. What is relevant is which all risks are covered.
21st March 2018 From India, Kannur
I believe it is relevant because it is mentioned in Section 8 of the Act that it is the employer who should bear the cost of pre/post natal treatment OR pay medical Bonus.
21st March 2018 From India, Gurgaon
What was your query? Whether the employer should pay medical bonus if the employee is covered by medi claim. What was my answer? I replied if your medi claim covers pre natal and post natal care the bonus need not be paid. I have also directed you to see the relevant terms because most of the policies covers only treatment costs and not pre natal or post natal care. It is therefore, implied that the employer should pay it. Again you asked if the policy is premium is borne by the employer what is the status? I have replied that who pays the premium is not the look out of the Insurers and for them what is relevant is whether the insured is covered by paying premium or not. Now you are again coming with a section in the maternity benefit Act it is the responsibility of the employer to pay medical bonus. I am again saying that if your policy is designed in such a way that the insurers will take care of pre natal and post natal care of your employee and new born child, then the employer need not pay Rs 3500. This is because this obligation is taken over by the insurers. Now, if the employee is under ESI will the employer pay medical bonus, no because it has been shifted from the employer to the ESIC
22nd March 2018 From India, Kannur
I have joined a private organisation on September 8th 2017. I have completed 6 months probation on March 8 2018, but I dint get confirmation letter. My delivery date is June 1 2018. I am planning to take maternity leave from 3rd week of may.i I formed the same to my HR but they are denying to take maternity since I have joined this organisation 6 months before only. Am I eligible to avail maternity leave??. If they ask me to resign from this job what should I do ? Kindly guide me here
29th March 2018 From India, Chennai
I want to know that what shall be the consequences under Maternity Benefit Act, 1961 (amended) if the employee doesn't resume his organization once the maternity benefit is availed by the employee is over.
30th March 2018 From India, Lucknow
I would like to know. how many months woman employees will get paid in maternity?
2nd April 2018 From India
Humairaz- in order to get maternity leave and the bonus as applicable you need not get confirmed in service. The only qualifying condition is that you should have worked for 80 days during 12 months immediately preceding the expected date of delivery. Now the interpretation of section 5(2) of the Act is very important. This section says that a woman employee who has worked for 80 days in the 12 months immediately preceding the date of delivery or expected date of delivery is to be given maternity leave of 26 weeks. It is not just 80 days working immediately preceding the expected date of delivery. That means in order to be eligible for maternity benefits one should have 12 months' service and during this 12 months she should have worked at least for 80 days.
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
The Maternity Benefits Act, 2016 is applicable to women workers who are employed in establishments with 10 or more employees. Different countries have practiced various funding models with reference to maternity benefits. In some countries the employer bears the cost, while in certain others it is paid by the government. In India, the employer bears the cost for Maternity Benefits provided to women workers. Since, a majority of the women workforce in India are employed in the unorganized sectors and small businesses with less than 10 employees, a major chunk of women workers are left uncovered.
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
I would like to request the new member to clarify section 2 (1) of the Maternity Benefit Act which tells about the applicability of the Act. As per my knowledge the Act applies to every factory , mine or plantation even if the number of persons employed is less than 10. It is also applicable to such establishments which are engaged in the performance of horse riding or acrobatic performances irrespective of the number of persons employed. At the same time, for other establishments like trading organisation which are coming under the states' Shops and Commercial Establishments Act, the Maternity Benefit Act will become applicable only if they have 10 employees. Is there any change in this? Please guide us.
25th April 2018 From India, Kannur
Dear Members,
Thank you for the valuable information provided.
With warm regards,
P Karunakaran
25th April 2018 From India, Chennai
Dear Madhu Sir, Please Peruse "Plea in Karnataka HC for ML for All" for your information
25th April 2018 From India, New Delhi

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Yes, I know. What is sought is that the Act should be made applicable to shops and commercial establishments employing lesser number of employees. The Act is even otherwise applicable to factories and mines without reference to the number of employees.
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
Hi, I work for an MNC in Gurgaon. I have recently returned from my paid maternity leave. My question is this : If I were to resign now (I now feel i am unable to handle work and home), am I required by law to pay back my 6 month maternity leave pay? Can my firm impose this clause on me now?
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
Legally an employee cannot be asked to return the salary paid for the maternity leave days if she resigns after availing the benefits. Whatever published in the official website of the company or written in the HR Manual of the company cannot be accepted because it is against the law.
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
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