Dear Sir / Mam, Under maternity benefit , is employee eligible for leave and salary for the said months. Or salary is against leave Need your guidance Thanks & Regards PM
From India, Mumbai
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Saswatabanerjee
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Drsivaglobalhr
Doctor Siva Global Hr
Srivastavacmlal
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HROne
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Dear Colleague,
As per Section 5 or the Maternity Benefit Act, ....... Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks
immediately following that day. According to the Maternity Benefit Act female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. Out of these 12 weeks, six weeks leave is post-natal leave. In case of miscarriage or medical termination of pregnancy, a worker is entitled to six weeks of paid maternity leave.

If you read it says " Maternity Benefit at the rate of Average Daily Wage" for the days of Maternity leave admissible as applicable.

From India, Chennai
The employee is eligible for paid leave for the maternity period (26 months) and the salary must be paid at the end of each month like it is paid to all other employees. The amount of maternity bonus (₹ 3,600) is payable on proof of delivery.
From India, Mumbai
Dear CiteHR member Hr@vansonengineering,

With due respect to Dr P . Sivakumar and Saswata Banerjee, I may be permitted to correct the position as slight errors have crept into the above noted comments.

It may be noted that -

1) Maternity benefit i.e. special leave with paid wages/salary is admissible to female employees under the Maternity Benefit Act 1961. The total period of Maternity Leave was 12 weeks, but the Maternity Benefit (Amendment) Act 2017 has increased the paid leave to 26 weeks. But it will be for mothers upto 2 children only. For rest of mothers it is 12 weeks only.

2) The period of 26 months mentioned in the above comment be read as 26 weeks.

3) Amount of Medical Bonus under Sec.8 of the MB Act 1961 is Rs.3500/- as per Gazette Notification No. SO-2831(E) dated 19/12/2011 of Central Govt.

For detailed comments kindly refer to the the previous thread "IS IT MANDATORY TO GIVE MATERNITY BENEFIT ?"

Hope this satisfies your query.
Regards,
Chandra Mani Lal Srivastava
Master Consultant - Subject Expert on Laws of Women in India
9315516083
New Delhi/01.02.2022/10 pm

From India, New Delhi
HROne
10

A: The employee is eligible for leave and salary for the said months.

The Maternity Benefit Act was passed in India in 1961. The act guarantees work-free maternity leave or paid maternity leave for women employees in India.

Prior to the Maternity Benefit Act enactment, Indian women were not guaranteed any maternity leave from their employers. This often led to pregnant women being fired from their jobs or resigning due to pregnancy.

The Maternity Benefit Act has been amended several times since first enacted, most recently in 2013. The 2013 amendment increased the number of weeks of maternity leave that are guaranteed to working mothers from 12 weeks to 26 weeks.

From India, Noida

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