deepika pathakk
Can female employee apply for maternity leave after birth of child? If yes then Please provide some supporting documents till what duration she can apply the same?.
It is requested to please clarify my query.

From India, Delhi
Labour Law & Hr Consultant
Sr.manager - Hr&admin


Hi, Yes employee can avail the full maternity leave immediately after birth of child.
From India, Madras
deepika pathakk
Sir, Thank you for your response, i have 1 more query that can female employee can apply for maternity leave after 1 month of delivery of child?
From India, Delhi

What is the purpose behind it ? availing total maternity leave after 1 month of delivery of child ? Ideal period of availing maternity leave is before and after birth of child. If the employee can manage till delivery month, she can do so and proceed on maternity leave after child birth. immediately after delivery of child, mother's presence is very important to take care of the child, to feed the baby etc. If the employee attends office immediately after birth the purpose of maternity leave benefit goes meaningless.

From India, Madras

Dear Deepika,
Statutory benefits available to Employees are always subject to certain conditions. As per the Maternity Benefit Act,1961,
1) a woman employed in an
establishment to which the Act is applicable for not less than a period of 80 days during the preceding 12 months prior to the expected day of delivery can avail the maternity benefit mentioned in the Act. In case of her being a subscriber to the ESI, the benefit can be claimed from the ESIC.
2) The benefit of 26 weeks of absence with wages has been divided into 8 weeks of pre-natal leave and 18 weeks of post-natal leave inclusive of the actual day of delivery at the option of the employee. If the employee is fortunate enough to be free from the constraints of pregnancy sickness, time and space, well she can avail the entire 26 weeks of leave at a stretch from the date of delivery.
3) In either case, the employee has to submit her application with necessary Medical certificate.
That being the legal position for enjoyment of maternity benefit, I am not able to understand your question about the time limit for submitting the application for the leave after delivery. Since the post-natal leave commences from the very date of delivery of the child, it is imperative that the application should be submitted as soon as possible as promptly suggested by our friend. In the event of any post delivery physical complications, immediate verbal intimation by the husband or other family members is enough if followed by formal application later.

From India, Salem

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