Maternity Leave - what benefits she is entitled to and how much salary the company has to pay?

Malik,
Can Sick leave & Pl be combined ? if it is possible can u just tell me the referrance of Law where it is mentioned?
Renjni

dear malik sir
yes sir i am agree that 6 weeks before delivery and 6 weeks after delivery. if the delivery delay by 4-5 days from the expected date than how 6 week will be calculated before the delivery. thanks for you kind information for the maternity leave in the case of mis carriage
regards
ashwani sabharwal

Dear sir,
I had a word my MD on this and he told me that our company cannot pay 3 months paid leave. Ours is small company with 22 people and 3 female staff. He wants to know what policy, other small size private companies are following in this regard.
Please provide some more details for this.

Dear Swati Gupta,
Your unit is employing 25 employeees including 3 women employees.You are covered under the ESI Act,1948 & in that case maternity benefit is to be given by the ESI department & if the women employees are out of covereage then you are required to give at least bare minimum benefits to the concerned employees under the MB Act,1961.
Regards,
R.N.Khola


(Labour Law & Legal Consultants)
09810405361

Dear Mr. Khola,
As Mr Malik has guided earlier that if any female employee is covered under ESI ,than all benefits to be provided by ESI . If someone is not covered in ESI than all benefits to be given as per maternity benefit act. Female employee is entitle for maternity benefit if she has worked 80 days before proceeding on leave and the benefits are:-
1. Leave with pay not more than 6 weeks before delivery and 6 weeks or more after delivery .total leave is 12 weeks.
2. A medical bonus of Rs. 1000 if the employer does not provide free medical care to women.
3. An additional leave with pay upto one month if women shows proof of illness due to pregnancy,miscarriage,or premature birth.
I told my MD about the above points but he has straight forward told me that he is not willing to pay for 3 months and also for Medical Bonus. We are not covered under ESI Act.
What should I do now, should I convince him for the right procedure according to MB act or design policy on his instructions?

Dear Swati Gupta,
You can not/ should not make such a poliy which is agasinst the law. You have done your duty & have tried to your level best to give awareness regarding implementation of the M B Act,1961.Now it is upto the woman employee who want to have the Maternity Benefit can approach the Labour Department Officers of Haryana.
Regards,
R.N.Khola


(Labour Law & Legal Consultants)
09810405361

Hi sir,
can u please tell if these 42 days before and after delivery include weekly offs too.

Dear Neha,
Yes. As the benefit is for a specific period & thus include the weeky off days also.
Regards,
R.N.Khola


(Labour Law & Legal Consultants)
09810405361

Hi,
is it mandatory to give miscarriage leave as per Maternity Leave policy.