Hi, Can an employee avail maternity leave before 3 months of due date? Also is it ok to take leave as loss of pay if she does not have casual leave balance upto 8 weeks before due date?
Company as per law is providing 6months maternity benefits after this 6 months period if the employee seeks leave extension is she eligible for the same? If so for how many months can she avail leave extension? And what happens if she does not rejoin? How much will be her service period? Will it include all days upto her resignation date?
Thanks in advance for your help.

Dear Rantings007,
As per the amendment in 2017, out of the total of 26 weeks, an employee can avail leave of absence due to maternity for a maximum period of 8 weeks only prior to the expected date of delivery.
Section 10 of the Act,1961 provides for extension of leave for a further period of one month due to illness arising out of pregnancy, delivery etc upon medical evidence.
If an employee availing maternity leave does not rejoin duty, it shall be treated as absence without pay and in case of no intimation or resignation, it can be treated as a case of unauthorised absence warranting disciplinary action. In case of resignation, whatever leave availed of under the Act shall be included in the service rendered by her till the effective date of resignation.

From India, Salem
I have been serving in a private bank from last 5 years and they have provided me the maternity leave for 4 months and on asking further extension they have deducted my sick leave..... The bank does not come under IBA but it's a well settled scheduled commercial bank. How to take the benefits of Maternity act 2017? As they are not ready to accept this...

From India, Jaipur
Welfare Laws are applicable in totality to employers and employees when certain obligations and benefits are thrust upon them respectively. Therefore, statutory compliance prevails over one's less acceptance or the other's contracting out. The fact of non-membership with the IBA cannot be a valid reason for the non-compliance of the provisions of a welfare law like the Maternity Benefit Act,1961 once when it becomes applicable to a bank irrespective of the sectoral classification of its ownership.
When the employer's order of sanction provides maternity benefit , if any, lesser than the scales mentioned in the Act, you can file a complaint u/s 17 to the inspector for your area.

From India, Salem
Dear Member, you have to find out whether The Maternity Benefit Act, 1961 is applicable to your Bank? If yes you are eligible for benefits as enumerated by Honoured Member Mr Umakanthan above.You can also escalate your Grievance to Top Management in writing
From India, New Delhi

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