Maternity Leave Policy: How Does Your Company Support New Parents?

Dear Friends,

I am enclosing the "Maternity Leave Policy" for the benefit of our members.

Thank you.

Good effort by Mr. Opalakrishna. I have some points to note.

Maternity leave can be availed in full (12 weeks) after the delivery also. The only thing is that she cannot take more than 6 weeks of leave before the expected date of delivery. In the Maternity Benefit Act, there is a provision for 6 weeks of leave for miscarriage.

Good luck,
Madhu.T.K

Hello all,

Does anyone know of organizations in India that offer more than 12 weeks of maternity leave? I am seeking companies with employee-friendly policies.

Regards,

Great work. If you can inform about the 'forms' which are legally required by the company to submit/maintain, it would be more beneficial like 'muster roll' 'a' etc.

As per the government gazette, now the maternity leave is extended to 180 days. Is it true? If it is so, kindly let me know where I could get the notification printout.

Thanks

Dear Madhu Sir,

As per the attachment, the eligibility period is 180 days. The link given by Raghunath shows 80 days. Could you please confirm whether it is 80 days or 180 days?

Thanks & Regards,
Jeene

In order to be eligible for maternity benefits under the Maternity Benefits Act, the woman employee should have worked for at least 80 days during the 12 months immediately preceding the expected date of delivery. If it is written as 180, it is an error.

Regards,
Madhu.T.K

For government employees, the Service Rules of the respective state (Rajasthan) and not the Maternity Benefit Act will be applicable.

Regards, Madhu.T.K

When you say "Can I join at the new place of posting," it implies "working" on that day, at least because although in practice, a new joinee does no work on the day of joining, she is definitely treated as "ON DUTY."

Hence, my suggestion is that you avail of the maternity leave benefit in full without any worry about your job. You are neither being compelled to join, nor can you be compelled to join the new place of posting immediately. So why the undue rush to join? In any case, the reporting officer will not accept your joining until you complete your maternity leave tenure.

Your job shall be kept safe at the new place of posting with the remarks, "On maternity leave."

Warm regards.

Dear Member, we have not noticed any change in the period of maternity benefit (leave) under the Maternity Benefit Act, 1961. 180 days of maternity leave may be available to government female employees.

Regards,
R.N.Khola

[Umesh_hnju;1265075]: As per the government gazette, the maternity leave is now extended to 180 days. If this is true, kindly let me know where I could get the notification printout. Thank you.

Nursing Breaks as per Section 11

Every woman who has delivered a child and returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

Please help with the "prescribed duration" for the same.

Please help; even I have read about the nursing break twice a day until fifteen months. However, a woman doesn't bring her child to the workplace, and it is not necessary that she works close to her residence. So how do we give the break? A resting break is understandable, but how does a nursing break help?

Regards,

My due date is December 7th, 2013, and I am planning to take maternity leave for 6 months from the end of September to the end of March. Am I eligible for maternity leave, or can my employer deny it because I am taking leave prior to 6 weeks from my due date? Please advise. I am eligible as per the 80-day rule within 1 year of the expected due date.

Dear Suriya,

Have you provided feedback on the usefulness of The Maternity Benefit Act, 1961?

Regards,
R.N. Khola
Labour Law & Legal Consultants
09810405361

In an IT company, how much leave can an employee avail under the Maternity Benefit Act? My second question is, how much leave does the Maternity Act provide in the case of a miscarriage, and how many leaves will an employee get in such a situation?

What is special in IT companies? There is no privilege given to IT companies as far as labor laws are concerned. Therefore, employees in IT companies will get the same 84 days of maternity leave or 42 days of leave for a miscarriage.

The post is very old, and there has been no discussion about the proposal to increase the maternity leave days. However, the announcement is still in the form of a proposal.

Madhu.T.K

Maternity Amendment Bill Update

As far as I understand, the Maternity Amendment Bill was passed by the Rajya Sabha in the last session. It now requires debate and passage by the Lok Sabha. I believe it is expected to be taken up in the next session of the Lok Sabha, provided political parties agree and parliamentary business proceeds smoothly.

Changes Under the ESI Act, 1948

Under the ESI Act, 1948, the appropriate government is empowered to make changes regarding the duration of Maternity Benefits. I believe the government in question has already issued an intention/draft notification on 06/10/2016, inviting the opinions and views of the affected parties.

A female employee has joined the ESIC scheme in April '16 and she had her delivery in Nov. '16. She didn't receive the salary for maternity leave benefits under the ESIC scheme due to the lack of a minimum period of association with ESIC.

In this case, I would like to know if the employer is liable to pay the full amount of salary for her 12 weeks of maternity leave, even though she is covered under the scheme.

Yes, when she is short of working days as per ESI schemes, she will have to be paid maternity benefit under the Maternity Benefit Act by the employer, provided she has worked for 80 days during a period of 12 months immediately preceding the date of delivery.

Here, the dispute is not regarding working for 70 days but concerning the qualifying phrase "during a period of 12 months." There can be an interpretation that she should have a service of at least 12 months, and during these 12 months, she should have worked for 80 (paid) days. As such, the same steps taken by the ESIC on maternity benefit, that is, there should be at least 78 days of contribution during two consecutive contribution periods (i.e., one year) in order to be eligible for maternity benefit, shall be taken by the employer also. Otherwise, what is the meaning of "12 months" as a qualifying period?

Regards, Madhu.T.K

Dear Folks,

I need your views on the below-mentioned details:

1. If the employee is entitled to maternity benefits, do we have to pay PF or not?
2. How can the employee avail of maternity leave? Is it before a few months of maternity or after maternity? Are there any specific rules for this?

Please clarify.

Kowshik
8939805220

Contribution to PF During Leave

When we pay a salary, we should contribute to PF as well. It is immaterial whether the employee is on earned leave, casual leave, or any other leave, including maternity leave.

Maternity Leave Amendment

With the amendment extending maternity leave to 26 weeks, the leave preceding the date of delivery is now 8 weeks. Therefore, the maximum leave permissible before childbirth is 8 weeks out of the total 26 weeks of maternity leave. It is important to note that a woman employee can take the entire 26 weeks of leave after delivery as well.

Regards, Madhu.T.K

Hi all,

Does the company need to have a maternity policy in place, or will the Maternity Act suffice? Please guide.

I believe there is no statutory law that forces any company or establishment to formulate its maternity policy separately. A company, as far as I understand, may choose to formulate it at their own discretion.

The Maternity Benefit Act, 1961, and the ESI Act, 1948

The Maternity Benefit Act, 1961, or the ESI Act, 1948, is applicable due to their status as statutory Acts. Non-compliance with these Acts can result in penalties, including interests and damages, which may also be levied for delayed payments regarding contributions under the ESI Act.

If a maternity policy is formulated by the company/employer and if it violates any statutory provisions of Acts or any laws in force, including those mentioned above, the policy will be void ab initio.

I want to know whether the probation period gets extended after taking maternity leave. Kindly tell.

Understanding Probation Periods and Maternity Leave

It depends on the job and the company policy. Normally, probation is the period required for an employee to learn the various aspects of the job. Depending on the nature of the job, probation can be for 6 months, one year, or even two or three years. Various court rulings support that a probationer will become a confirmed employee only when confirmed in writing. Until that communication reaches him, he will continue to be a probationer. An employer has the right to extend probation if not satisfied with the employee's performance. Additionally, the period of leave is not just a few days but is 26 weeks. Therefore, there is nothing wrong in extending the probation of an employee who takes maternity leave and is on leave for 26 weeks.

Dear Mr. Madhu,

Does the same rule on maternity leave apply for employees of NGOs? Please clarify.

It applies to all factories (irrespective of the number of workers employed) and shops and commercial establishments employing 10 or more employees (need not necessarily be 10 or more women employees; it can be 9 men and just one woman).

Determining if an NGO is a commercial establishment

In order to know whether your NGO will fall under the definition of a commercial establishment, you have to consider the activities you engage in. Check whether you conduct any business activities that generate income and whether your employees are paid salaries with PF and ESI coverage, etc.

Need to know what the notice period an employee has to serve after maternity.

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Hi there,

I hope you are doing well. In regards to your query, the notice period an employee has to serve after maternity leave varies depending on company policies and local regulations. It's essential to refer to the organization's employee handbook or consult with HR to get specific information about the notice period in such situations. If you need further assistance or clarification, feel free to ask.

Best regards

In maternity leave, will the salary be paid in full or not? Please provide the rules regarding a fully paid salary.

During the maternity leave period, the employee should be paid full wages, which means the same salary she was receiving just before proceeding on leave. Please note that the post is very old, and by this time, the provisions relating to the number of days of leave and a few other aspects have changed.

Before applying for maternity leave, my salary was $16,500 take-home. I received a salary increment at 8 months, which increased my gross salary to $25,000. Now, can I get maternity benefits?

Salary has nothing to do with maternity benefits, but it is available to all women employees who meet the prescribed service conditions. The only requirement is that an employee whose salary is Rs 16,500 should be under the ESI scheme. Therefore, the ESI Corporation, and not the employer, will provide her with maternity leave and other benefits.