Understanding Maternity Leave Rules in India: What Should Employers Know?

Dear All,

Can anyone tell me the maternity leave rules for private concerns in India?

1) One of my staff will be going on maternity leave soon, but she wants to go on maternity leave after completing 9 months of her pregnancy and take continuous 12 weeks of leave. Is this right as per the rules?

2) Which forms need to be filled out before going on maternity leave for those whose salary is more than 10,000?

3) Those who are receiving a salary above 10,000 will not receive full-day's salary.

Please help me.

Hi,

According to maternity law, she is eligible to take maternity leave even if she comes to the office on the date of delivery. There are no forms to be filled; it is as per company process. On maternity leave, one is eligible to receive full salary.

Regards,
Sonia

Dear

If your unit is covered under The Maternity Benefit Act, 1961 then you are to go through your State Maternity Benefit Rules.

According section 5(3) the maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery & thus it is clear that strictly according to law she can not take twelve weeks leaves after the date of delivery but if the employer wants to help her he can give these leaves of twelve weeks after the date of delivery.

The woman employee shall give notice to the management regarding his absence under section 6 of this Act in the format prescribed under your State M B Rules. Certificate of pregnancy & child birth are also to submit to you from the prescribed authority as shown in the Rules. According to section 6(3) any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

If the woman employee is entitled to receive the maternity benefit under this Act then according to this Act an ‘woman' means a woman employed , whether directly or through any agency, for wages in any establishment & thus it is clear that wage ceiling is not provided in granting maternity benefit.

Hope this clarifies your query.

With Regards,

R.N.Khola

Can anyone help me resolve this query? What is the rule for maternity leave as per the amendment in section 5(3)?

Amendment to Section 5(3)

Please let us know about the amendment to section 5(3).

With Regards,
R.N.Khola

Can anyone help me to resolve this query: what is the rule of maternity leave as per the amendment in section 5(3)?

Please refer to the Maternity Benefit Act 1961, where all rules and regulations on how to apply and what the eligibility criteria are fully covered. The company is required to pay 90 days' salary, i.e., 3 months, which can be 1.5 months before and 1.5 months after delivery.

Thank you,

Aparna

Dear Aparna, under the Maternity Benefit Act, 1961, the eligible employee can get a maximum of 84 days of maternity leave, not three months. For more details, please refer to section 5 of this Act.

Regards,
R.N.Khola