Maternity Leave Extension: What Does the Maternity Benefit Act Say About Extra Days?

Dear All,

I have one question in relation to the Maternity Benefit Act. As per the Maternity Benefit Act, leave is allowed for 12 weeks: 6 weeks before delivery and 6 weeks after delivery. If a woman extends her leave for more than this period, what is the provision under the act? Is she eligible for payment for those days? And how many days can she extend her leave?

Thanks & Regards,
Kranti Jadhav

Dear Kranti,

As per the act, only 12 weeks are allotted to female employees. If the female employee has taken more than that, she would not receive payment for those days, and she will get the payment from the ESIC if she is covered under ESIC. It also depends on the company policies.

Thank you.

Dear Kranti,

There is no extended period if the baby was stillborn during delivery. In that case, the leave will be extended for an additional 3 weeks.

Thank you.

We all know that there is a rule that the maternity leave shall be availed before 42 days and after 42 days of the delivery date. However, if any pregnant woman extends her maximum working period in the company to her actual delivery date, can she avail 84 days of benefits at one stretch after her delivery?

Please reply urgently as we have such a case to handle.

Sud...