Maternity Leave policy - avail 4 weeks prior and 12 week post her delivery. Is that possible? - CiteHR
Labour Law & Hr Consultant
Onkar Pimple
Hr Manager

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Dear All, I want to know one of my employee is starting her eight month of pregnancy. she wants to continue till the end of her eight month and then would like to go on a maternity leave.That means she wants to avail 4 weeks prior and 12 week post her delivery. Is that possible? cant we mandatory send her on Maternity Leave starting on her eight month.
The maximum period, for which any woman shall be entitled to maternity benefit, shall be 8 weeks in all whether taken before or after child-birth. However she cannot take leaves more than six weeks before her expected delivery.
Dear Sudha,
As of now, the maximum period of maternity benefit or leave with wages as per section 5(3) of the Maternity Benefit Act,1961 is 26 weeks. The employee has two options - one is to avail the entire 26 weeks of leave from the actual date of delivery and the other is availing not more than 8 weeks of leave prior to the expected date of delivery and the balance from the date of delivery. Therefore there is no mandate available to the employer other than permitting her to avail the maternity benefit in a single stretch of 26 weeks post delivery or in two spells comprising of 8 weeks prior to delivery and 18 weeks post delivery as per her choice.

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