Hi, I need some clarification regarding Maternity Leaves. One of our employees is expecting her first child & the expected date of delivery is 27th November 2021.
She wanted to apply for Maternity Leaves effective from 1st October 2021, can we allow her or there is any criteria for prenatal leaves?
Any suggestion regarding this will be appreciated.

From India, New Delhi
Under Maternity Benefit Act, 1961, the provision for such leaves are as under:

Leave: The woman employee is eligible to get maternity benefit for 84 days (i.e. 12 weeks). Out of the 84 days, the period before delivery should be a maximum of 42 days

So, calculate accordingly.

Dr. M. K. Ravi

From India, Delhi
Thanks for the quick response. As per my knowledge ,this maternity Act 1961 gets Amendment in year 2017.And As per this Maternity Leaves is extended from 12 weeks to 26 weeks?? Please clarify .
From India, New Delhi
There are some changes under the law, where the paid maternity leave in India is increased from 12 weeks to 26 weeks for working women. ... After this, prenatal leave duration has also increased from 6 to 8 weeks, whereas a woman who is the mother of 2 or more children is eligible for 12 weeks of maternity leave.

Dr. M. K. Ravi

From India, Delhi

Attached Files (Download Requires Membership)
File Type: pdf Maternity Benefit Amendment Act,2017 .pdf (187.7 KB, 40 views)

Dear Connections,

As per amendment of Maternity Act Maternity leave can be take 180 days, employee can avail 90 days before delivery and 90 days after delivery. Notwithstanding employee can also do work from home if employer is agree.

From India, Mohali
Dear Neeraj,
Plz again go through the provisions relating to amendment of Maternity Benefit Act, 1961 on grant of Maternity leaves. We do not find such no. of leaves under this amendment notification.

From India, Delhi
She can take only 8 weeks prenatal leave. If she need more she can take leave for sickness arising out of pregnancy (max 30 days) or any other leave in her credit or leave without pay.

Varghese Mathew
Tvm - 9961266966

From India, Thiruvananthapuram

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