Hi Team HR,
I have a question pertain to one month extra leave in addition 26 weeks. Is there any provision to avail one month extra leave pre-maternal leave (8 weeks).
or Additional one month leave will be applicable after completion of 26 weeks.
as per act, 1961, under section 10.
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or
miscarriage. -- A woman suffering illness arising out of pregnancy, delivery, premature
birth of child or miscarriage shall, on production of such proof as may be prescribed, be
entitled in addition to the period of absence allowed to her under section 6, or, as the case
may be, under section 9, to leave with wages at the rate of maternity benefit for a
maximum period of one month.
Kindly advise
30th August 2019 From India, Gurgaon
Dear Rajkumar,
Yours is, in fact, a good question. The exact answer for your query lies in understanding the phrase " in addition to " used in section 10 of the MB Act,1961. Normally, the phrase " in addition to" refers to "some thing extra which would be available after some thing else already in existence". Therefore, whatever mentioned as "in addition to" is an extra which becomes later in chronological sequence.
Coming to the maternity benefit contemplated under the Act, simply put, it is the leave of absence with wages and continuity of service. If you scan sections 5(1), 9 and 9-A of the Act, you will find that the central points of reference are the " day of delivery", "medical termination of pregnancy", "miscarriage"and "tubectomy operation"respectively. Therefore, the additional leave of one month u/s 10 can be availed of only after happening of such incidents.
The leave of absence due to other sickness is covered under the pre-natal portion of the maternity leave.
1st September 2019 From India, Salem
Thank you so much Sir,
It is really very worthy advice .
Raj Kumar
4th September 2019 From India, Gurgaon
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