Prashanth Joseph
Hr Executive
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Hr Manager
Hr Executive
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I would like to know the detailed leave procedure on Maternity leave
in case whether the employer is to extent leave with wages, in case the employee does not have sufficient leave balance.
How many days is applicable.?
Whetehr company has to pay against the leave (i.e with pay or withut pay)
Kindly help me with your valued support.
Anand Nair
14th May 2008 From India, Ahmadabad
As per the maternity benefit act employer has to give the paid leave over and above the applicable leave balance in her account
14th May 2008 From India, Gurgaon
Find the details in attached file.
14th May 2008 From India, Vadodara

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File Type: doc Maternity Details.doc (13.5 KB, 7950 views)

Specifications it may help you,

MATERNITY-BENEFITS (Section 50 of the ESI Act)
Maternity Benefit is admissible to insured women in the event of confinement or miscarriage etc. for 12 weeks and the rate of about 100 percent of the wages.

Maternity Benefit is admissible for :
84 days in case of confinement
42 days in case of miscarriage.
This benefit is also admissible for sickness arising out of pregnancy / miscarriage or confinement for a maximum period of one month , additionally. The rate of this benefit is equal to or a little more than the wages i.e. double the standard benefit rate. Maternity benefit continues to be payable even in the death of an insured woman during her delivery or immediately following the date of her delivery leaving behind a child , for the whole of that period and in case the child also dies, during the said period, until the death of the child.

An insured woman is eligible for maternity benefit for confinement / miscarriage, if contributions in respect of her have been paid or payable for not less than 70 days in the two immediately preceding consecutive contribution periods with reference to the Benefit Period in which the confinement took place.
The minimum daily maternity benefit rate is Rs.28/- and maximum is Rs.390/- as per present rates. At present maximum amount of maternity benefit in terms cash, thus, works out to Rs.32760/-

15th May 2008 From India, Mumbai
Dear All, Suppose, if employee is asking to extend one more month maternity leave, then at what percentage employer is supposed to pay, is it 100% of the salary. Thanks & Regards Manita Chauhan
28th November 2008 From India, New Delhi
hello anand nair & manita chauhan,
this is gaurav here from surat, well first let me give anand's question's answer. as far as maternity leave is concerned then as per the act we have to sanction leave for 120 days with pay (that is theoritically:icon10: but practically it depends on exact situation of that company & other factors) so we can conclude k for 120 days (min 120 days) leave have to be granted & now lets move to manita's question so as far as extention of leave is concerened so it depends upon firm whether it wants to pay half or full or dont want to pay at all after completion of 120 days. so i hope i made u satisfied.
with warm regards...
you can catch me on yahoo messenger also. my id is
5th December 2008 From India, Ahmadabad
this prashanth who has to pay the salary wheather the management or ESI OFFICE and waht about the bonus to her? wheather the management or Esi office?:-D
15th December 2008 From India, Bangalore
Dear Please find some useful hints :icon10:
13th August 2009 From India, Vadodara

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File Type: doc MATERNITY LEAVE BENEFIT DOCUMENT..doc (26.0 KB, 4163 views)

Dear Gaurav, I just wanted to know under which Act it is 120 days? As per my knowledge it is only 12weeks (6weeks before delivery and 6 weeks after. Employee can avail 12 weeks after the delivery also, provided he has not taken any maternity leave before delivery of the baby.
22nd March 2013 From India, Mumbai
Dear Seniors, Is Maternity leave With Pay or WOP? wht wud be? Pls suggest. Regards Pooja
23rd December 2013 From India, Delhi
Maternity leave benefits if employee goes on long leave before her due date.
We have an employee who’s expected delivery date is June 2014. We are bound to give her 3 months full maternity benefit which we are fine with.
However the employee is asking us to agree to 5 months leave (without pay) prior to her due date.
We are not in a position to give additional 5 months leave even on loss of pay basis. (that will be almost 8 months of leave)
Is it legally tenable. Or what is the way out ?
P.S.: the employee has joined our firm just 10 months back
23rd December 2013 From India, Mumbai
Can any one brief me about the pay at the time of maternity? Is that total salary (Basic+DA+HRA+other allowances) or only Basic?
7th January 2014 From India
Dear All,
I have some doubts in maternity leave benefit.
1. If any employee will work upto her date of delivery and after delivery if she will take 3 months leave, is it OK as per maternity act?
2. In that scenario is she eligible for 3 months paid leave?
3. How we will pay in that case to the employee? (actually we will pay before delivery and after delivery but in this case how?)
4. Private organizations have to pay only basic (or) Basic + HRA to the employee who is in maternity leave?
If anyone clarify my doubts, it would be appreciated.
Thanks & Regards,
Sreedevi Yellanki.
18th February 2014 From India, Hyderabad
Dear Sir, Maternity leave will be for 12 weeks with full pay. It will be any no. of times. D.Gurumurthy
12th March 2014 From India, Hyderabad
Dear Sirs, Can you tell me that - During the maternity leave , apart from 84 days leave with salary , any extra benefit is given in cash i.e. Rs. 2000/- etc. SNC, JAMSHEDPUR
11th July 2014 From India, Ranchi
Dear Sir,
Is there any kind of Application Form. or like. That will be filled by employee.?
6th April 2018 From India
Dear sir,i have an query regarding maternity leave,if one employee has taken ml for first child,for second child she has been miscarriage leave of 43 days and again asking for ml for third child is it allowed under maternity benefit act please suggest
9th April 2018
Dear sir,i have an query regarding maternity leave,
1) if one employee has taken maternity leave for first child year 2014, for second child she has been miscarriage leave of 43 days in year 2016 and
again asking for maternity leave for third child is it allowed under maternity benefit act please suggest.
Anand khamkar
9850364781/ 7276698469

5th August 2018 From India, Mumbai
in contractual job if a female employee work for 1 year & after that she resigns and join on other position in the same organisation does she has to work minimum 80 days for applying maternity leaves
17th June 2019 From India, Delhi
If an employee is working in an establishment from 1 year at 1 position on contract & afterwards she qualify an exam & her position change as well as contract change as per new position in the same organisation before 1 month of her expected date of delivery. does her previous 1 year working in the organisation will count to avail the maternity benefit?
9th July 2019 From India, Delhi
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