hi Shraddha,
The below information will help you in understanding the Maternity Benefit Act in detail:-
A female employee shall be entitled to maternity leave as per the Maternity Benefit Act 1961 or The Employee State Insurance Act 1948 as per the provisions of the Act applicable to her.
a) Subject to the provision of the Maternity Benefit Act, married female employees who have been in the continuous employment of the company for not less than 10 months prior to the date of commencement of Maternity Leave will be allowed maternity leave on full pay up to 12 weeks approximately 6 weeks before delivery and 6 weeks after, provided that she undertakes not to do any work outside her own home during these 12 weeks and that the confinement is certified by an approved medical practitioner. (shraddha, please remember that it is a legal compliance)
b) The applicant for maternity leave shall give notice to the company of her pending confinement not less than 8 weeks in advance supported by a medical certificate.
c) Maternity leave will be in addition to other leave facilities already in force.
d) No pay shall be due or payable in lieu of unavailed maternity leave.
e) No maternity leave shall be allowed under this Rule if and when the employee is covered under the E.S.I. Act. Female employees availing maternity leave will not be entitled for proportionate earned leave for the period of their maternity leave i.e. (12 weeks).
f) Female employees desirous to extend their maternity leave due to some reason; this extended absence will be deducted from their balance paid vacations. If the concerned employee does not have leave balance, the leave will be treated as leave without pay.
regds,
sushma