Sogemar
Ir Manager
Raj.gclhsr@gmail.com
Deputy Manager-legislative Compliance
Nathrao
Insolvency N Gst Professional
Maytu
It Software
Piyush.324
Teacher
+3 Others

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Hi whether company should provide me full payment salary for 6 months of maternity leave or just basic salary.. please help with answer
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Dear Experts,
I am pregnant and working in pvt. organization for the last four years.My due date is on Sep,4th and recently my boss/ director has changed my profile from backend to sales & marketing. Beacause of pregnancy, it is becoming hard to go in the market in this scorching sun. My concerns are :
1. Can I ask for maternity leaves from May,15th or how much in advance we can ask for it ?
2. Is there any rule for us, if they can ask for resignation from me?
As they had already told us there is no position for backend team from me so I can't ask for that. Kindly do let me know any options if available for me to avail maternity leaves
Pl meet HR team and explain your problem to them(They should be aware of your medical condition by now)
The law provides that 8 weeks prior to due date, concerned person should not be put on heavy duty which can affect the medical condition.One additional month is also provided in the act.All this means the company really cannot make you run in hot sun.
They cannot dismiss you during this period.
Extract of bare act
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, 1[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 2[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
6 week period has been increased in 2017 to 8 weeks.
So deal with the problem confidently as you have law behind you.May be the matter of few days only where in your maternity leave can be asked.
Be polite and courteous when you speak to them.
Thanku so much Nathao ji....Can you please share your contact no.. as need to ask something only if you are okay to share it!
Dear Ms.......
Not to worry, Maternity Benefit Act is for protection.
Please immediately obtain a medical certificate from your treating Doctor /Hospital and submit the same, informing them about your inability to travel inview of your pregnancy.
With regards
G.Dayanand
if my due date is on November 2018 and i have joined new company on April 2018 am I eligible for maternity leave ?what should i do if company ask me for resign ? please tell me ?
Payment of Maternity Benefits Act lays down that any women employed, whether directly or through any agency, for wages in any establishment 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 of the Act )
So you should be entitled for Maternity benefits.
The company cannot legally dismiss you during maternity leave periods.
Do not resign.
Inform the company of your pregnancy.
Law is there to protect ladies who are pregnant and regulating working conditions.
Dear Dayanand & Natharao Ji,
In how much advance I can ask for maternity leaves before my due date as for me still four months to go? Kindly suggest!
Dear Ms.
No need to worry about this,you can contact to concerned person(HR) with your medical supporting document .
They are aware about the latest amendment of Maternity benifit (Act-1961) .
I hope they will support you .
Anonymous,
Pl read my reply above, your query is addressed in the answer.
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