Thread Started by #Hemesh Sheth

Hello, One of our employees have advised complete bedrest and she is in her first trimester. She will be atleast 3 months of unpaid leaves.
Will she be eligible for 6 months paid maternity leave?
21st January 2019 From India, Mumbai
please mention that the employee is covered under ESIC or not, to get better response
21st January 2019
@U S Sharma,
The employee is not covered under ESIC as she is out of that salary range. She is confirmed employee and working with us for last 1.5 years
She is advised to complete bedrest and also her paid leaves are zero. She is a good employee but we are 100+ people organization ( 75% female employees) so need to take a fare & balanced decision.
So what should we do?
Please advise.
Thank you in advance,
21st January 2019 From India, Mumbai
Other provisions of the MB Act, including the eligibility criteria for maternity benefit, remain unchanged. Under the MB Act, a woman is eligible to receive maternity benefit if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery. Further, the prohibition on employing a woman for six weeks following delivery, miscarriage or medical termination of pregnancy, continues to apply. Unfortunately, no change has been made to include statutory paternity leave, even though there were discussions in the Rajya Sabha to introduce child care leave for fathers.
{80 days in last 12 months physical presence is eligibility criteria}
Maternity Benefit Amendments: Closer To Reality - Employment and HR - India
21st January 2019
When the employer is convinced that the employee is absent due to valid reasons, any leave, as applied, needs to be sanctioned. May be it is leave without pay, but still she continues to be in service. As such, the availing of leave without pay is no reason for denying her the maternity benefits.
24th January 2019 From India, Kochi
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