PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Human Resources Manager-self Employed
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jerry-anthonyWhether or not once a lady employee produces a certificate that she has been conceived and that she needs to avail the Maternity Benefit, she must decide as to whether she would like to avail the leave prior to delivery or post delivery or partially prior to delivery and post delivery. Normally the ladies take a stand to proceed from the ninth month prior to delivery and use the rest of the Maternity leave post delivery. She has to specify the dates exactly along with this Doctors Certificate this is only used as a proof of authenticity. Besides there might be a chance of miscarriage also at such time also she needs to produce the certificate on medical grounds and specify the number of days that she would avail the Maternity Leave. Therefore this Maternity Leave ML is treated similarly as that of a Sick Leave SL and need to be paid wages accordingly which needs to be paid on a monthly basis and at no cost should a lady employee be marked absent during this period. One more rule specifies that no misconduct should be posed on any lady worked while she is availing this maternity leave. Hence this needs to be treated with utmost caution. As HR we normally try to help the lady employees at such time and some of the organization also have their own policy besides this enactment.
There are certain requirements that she needs to produce a certificate of fitness and also that she was conceived and the date of delivery/miscarriage etc., must be specified in the fitness certificate as a proof of authenticity when she resumes duties.
From India, Chennai
I would request you to go through the entire provisions of sec.6 of the MB Act,1961, particularly sec. 6(5).
As per sec.6(5), it is advance payment in respect of the absence of 8 weeks prior to the date of delivery and immediate payment for the absence following the actual date of delivery subject to the condition of the employee submitting notice in the prescribed form with necessary medical certificate.
Therefore, as it is, it cannot be paid after her rejoining to duty or monthly during her absence due to maternity.
From India, Salem