Understanding Paternity and Maternity Leave: What Are the Salary Details During Leave?

Dear Friends,

Please send me the policy on paternity and maternity leave, and also inform me about the amount of salary that needs to be paid during maternity leave.

Regards,
Jacintha

Hi,

Please find the details of paternity and maternity policy:-

Married women, who are full time employees and have at least six months of continuous service with the company , shall be entitled to Maternity leave facilities under the guidance provided by the Maternity Benefits Act of the Government of India.

· Maternity leave can be for duration of a maximum of 12 weeks, starting from up to 6 weeks prior to the expected date of delivery and 6 weeks post delivery (including the day of delivery).

· In case of miscarriage, a maximum of four weeks leave can be taken following the day of miscarriage.

· In case of leave taken due to illness, miscarriage or medical termination of pregnancy, a medical certificate from a registered medical practitioner has to be obtained and submitted to the HR department. Medical termination of the pregnancy should be one that is advised by the doctor/medical practitioner. Benefits will not apply if it is a voluntary termination. In case of voluntary termination, leave cannot be claimed under the maternity leave policy.
Salary paid during maternity leave is basic salary only.

Paternity leave shall be five working days and must be availed within 30 days of the child’s birth and in continuation.
Salary paid during paternity leave is basic salary only.
Hope given information will be useful and fulfill your requirement.

Hi Arpana,

I heard it's now 6 months for the Government employees. Will it be the same for the Private Limited companies as well, or will it remain 3 months only? Please advise on this.

Regards,
J

Hi Arpana,

The information about maternity and paternity leaves, provided by you, is really good. I am working in the HR Department of a software company. Could you please let me know the minimum and maximum number of leaves (casual, sick, earned/privileged, comp off, etc.) to be given to employees at different levels as per the policies of the IT industry? I would appreciate a prompt response.

Suggestions from anyone are welcome.

Thank you,
Swapna

There is an Act that states the minimum of 3 days of leave to be given to the employee. Beyond this, it is purely the employer's decision to determine the number of days. Hence, there is no uniform policy that should be followed by all IT companies.

I am working with an IT product.

Conti...

I am working in an IT product company, and we have EL-18, CL-7, ML-7, and three extraordinary leaves of 3 days each. The maternity and paternity leaves policy is as follows:

MATERNITY LEAVE

Women employees are entitled to Maternity Leave subject to the conditions prescribed in the ESI Act or the Maternity Benefits Act, 1961, whichever is applicable, after completing six months of employment.

All female employees can avail of 90 days of maternity leave for a maximum of 2 occasions during their tenure with the company. An application for Maternity leave must be made at least 2 months prior to proceeding on leave. This application needs to be supported by a certificate issued by a Registered Medical Practitioner indicating the likely date of delivery. In case of miscarriage or premature delivery, up to 45 days of Maternity Leave can be availed after the event. The application for Maternity leave should be supported by a Medical Certificate indicating the exact date of the event.

PATERNITY LEAVE

Male employees can avail of up to 3 days of paternity leave within a month of their spouse's delivery for a maximum of 2 occasions during their tenure after submitting a certificate issued by a Registered Medical Practitioner indicating the date of delivery.

Hope this helps...

Conti...
IT- Product Company and we have EL-18, CL-7 , ML-7 and three extra ordinary leave-3 days.
The maternity and Paternity leaves are as follow:
MATERNITY LEAVE

Women employees shall be entitled to Maternity Leave subject to conditions prescribed in ESI Act or Maternity Benefits Act, 1961 whichever is applicable and after completion of six months of employment.

All female employees can avail of 90 days of maternity leave for maximum 2 occasions during their tenure with the Company. Application for Maternity leave needs to be made at least 2 months prior to proceeding on leave. This application needs to be supported by a certificate issued by a Registered Medical Practitioner indicating the likely date of delivery. In case of miscarriage or premature delivery, upto 45 days of Maternity Leave can be availed of after the event. Application for Maternity leave should be supported by a Medical Certificate indicating the exact date of the event.

PATERNITY LEAVE

All male employees can avail of upto 3 days of paternity leave within a month of his spouse's delivery for maximum 2 occasions during their tenure after submitting certificate issued by a Registered Medical Practitioner indicating date of delivery.

Hope this will help...

• Maternity Leave :

§ Eligibility:

o Maternity Leave is a statutory leave.

o Married and expecting women Employees are eligible to avail maternity leave.

o The Employee should have completed 6 months of service with the company to be eligible to avail maternity leave.

§ Entitlement:

o Maternity leave can be availed only twice during the service of the Employee.

o Maternity leave can be availed for a maximum period of 90 days.

o Unavailed maternity leave is not adjusted against the privilege leave balance of the employee or any other leave.

o The Employee will receive the full amount of salary during the period of maternity leave, this will be salary last drawn by the Employee before going on Maternity Leave.

o If the employee wants to extend the duration of leave beyond the stipulated duration, (i.e. max of 90 days), the employee may extend the leave by utilizing her entitled paid leave with prior permission of the concerned Head / Reporting Manager.

§ Process

o A written application for the maternity Leave, along with the doctor's certificate should be submitted by the Employee at least one month prior to start of maternity leave. This application should also mention the dates and duration of the leave period as well as the joining date. The application should be forwarded to HRD after the Department. Format of application is available with HRD.

• Paternity Leave :

§ Eligibility:

o Paternity Leave is a statutory leave.

o All married mail employees are eligible to avail the paternity leave.

o The Employee should have completed 6 months of service with the company to be eligible to avail paternity leave.

§ Entitlement:

o Paternity leave can be availed only twice during the service of the Employee.

o Paternity leave can be availed for a maximum period of 10 days.

o Unavailed paternity leave is not adjusted against the privilege leave balance of the employee or any other leave.

o The Employee will receive the full amount of salary during the period of paternity leave, this will be salary last drawn by the Employee before going on Paternity Leave.

o Paternity leave should be accumulated within 6 months from the date of child's birth.

o If the employee wants to extend the duration of leave beyond the stipulated duration, (i.e. max of 10 days), the employee may extend the leave by utilizing his entitled paid leave with prior permission of the concerned Head / Reporting Manager.

§ Process

o A written application for the paternity Leave, along with the doctor's certificate should be submitted by the Employee at least one month prior to start of paternity leave. This application should also mention the dates and duration of the leave period as well as the joining date. The application should be forwarded to HRD after the Reporting head. Format of application is available with HRD.

Dear all,

We are all discussing the leave policies provided by our respective establishments, but in reality, it may not be accurate. We should consider what the law mandates, and then we can choose to extend benefits but cannot reduce them.

All business establishments are governed by either the Factories Act or the Shops and Establishments Act. Whether it is the IT industry or any other sector, we fall under the purview of one of these acts.

According to the Factories Act, one is entitled to EL for 20 days of work and CL/SL/ Paternity Leave as per the certified standing orders. Maternity leave is granted for 12 weeks as per the Maternity Benefit Act. However, there is currently no provision for paternity leave in any act. If anyone has information on this matter, please share it for the benefit of the forum.

Thank you.

J. S. Malik

Hi Rina,

I had a question: Is the rule for availing maternity leave applicable to a proprietorship firm as well? Or do they follow their own norms?

Do let me know.

Rina

Dear Forum,

I would like to request views on the following query: A female employee is currently on maternity leave. According to company policy, we credit 2.5 days of leave to every employee. Is this leave applicable to the employee who is on maternity leave? Please clarify.

Thank you.

The information about maternity and paternity leaves provided by you is really good. I am working in the HR Department of a software company.

Can you please let me know the minimum and maximum number of leaves (casual, sick, earned/privileged, comp off, etc.) to be given to employees at different levels, as per the policies of the IT industry? I need this information as soon as possible.

Suggestions from anyone are welcome.

Dear,

Under which act are you requiring this Paternity Leave Format from members?

Regards,

R.N. Khola

The information in this thread is a bit conflicting. On maternity leave, it seems clear that an employee is allowed a maximum of 12 weeks with full pay (whether after delivery or 6 weeks before + 6 weeks after). What about if she opts to extend the leave? Does this need to be paid too?

Paternity Leave Clarifications

On paternity leave, I saw 3 different answers. Which one is accurate?

1. Allowed a maximum of 5 paid days where only the basic portion of the salary is paid.
2. Allowed a maximum of 3 paid days (no information about what portion of the salary is to be paid).
3. Allowed a maximum of 10 paid days with full salary paid.
4. Does it need to be immediately after the birth and continuous, or can it be used up to 6 months and broken up as desired? (Again, the answers to this were conflicting).

Also, do these rules apply to both a proprietorship as well as corporations?

It is, however, reassuring to see that an employee has to have worked with a company for at least 6 months before availing of maternity leave. Another site that I looked at said something about working at an establishment for at least 80 days then being able to avail of this leave.

Your help/clarifications will be much appreciated.

Hi Friends,

I have a question. Is paternity leave applicable for a second child? If applicable, how many days can we take?