Maternity Leave Dilemma: Can We Offer Less Than 12 Weeks Legally?

Hi,

I am working on policies for an organization covered under the Bombay Shop and Establishment Act. According to the Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed. I wanted to know if there is a minimum period criteria and if not, then is it required by law to compulsorily grant 12 weeks, or can the specified period be reduced.

Please do help.

Sharon

Sharon, please spend some time searching the same on Citehr. We have ample information on the subject from my experts.

All the best, UKmitra

Dear UKmitra,

I've tried the search but had no luck. All the information is about 12 weeks maximum, but nothing is available about the minimum criteria. If you have any idea about the same, kindly let me know.

Regards,
Sharon

Dear Sharon,

Please read the bare act carefully. It answers all your queries. Just a snapshot of the act:

4. Employment of, or work by, women prohibited during a certain period.

(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise adversely affect her health.

(4) The period referred to in sub-section (3) shall be –

(a) at the period of one month immediately preceding the period of six weeks before the date of her expected delivery;

(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.

So, you see there is no minimum criteria mentioned in this. But a female employee can claim maternity leave provided as follows:

1. No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.

2. The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day.

UNQUOTE

This is a very interesting Act if you see and read it. There is also a debate going on among experts regarding this act, and I really hope that more benefits are added to the additional Act, which needs to be reviewed as per the current lifestyle. Especially, covering the entire cost of pregnancy for all taxpayer female employees and weaker sections, at the cost of the Government and State Government. Let's pray to God and fight for this right.

Regards,

UKmitra

Dear UKmitra,

With due respect to your answer, this is to inform you that the government has made an amendment in section 5(2) by Act 61 of 1988, and by virtue of this amendment, 160 days have been substituted as 80 days. Now, this is in operation since 10.01.1989.

With Regards,
R.N.Khola

Dear UKmitra,
I completely agree with you. This is definitely a very confusing act and needs more clarifications & there should be more benefits added to it too.
Thanks for your reply.
Regards,
Sharon D'Souza

Thank you, Mr. Khola, for the correction. My labor consultant/solicitor and I have a different opinion on that. I will revert back after debating with them, with your feedback.

Regards,
ukmitra

Dear Mr. Khola,

Thank you for the correction. Indeed, that is correct 80 days. "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [16] [eighty days] in the twelve months immediately preceding the date of her expected delivery."

I have updated my library as well. :)

Thank you.

Regards, UKmitra

I request you to clarify the following points:

1. During maternity leave, does the female employee receive a salary?
2. If yes, will it be gross or only basic? (For example, if someone is getting ₹14,000 (after deduction of PT, she receives ₹13,800 in hand), will she get ₹13,800*3 for 3 months, or is her basic ₹7,000 (₹7,000*3)?
3. Will she receive payment for all 3 months?

We are a small software company (less than 20 employees) under the Shop and Establishment Act, and we only deduct PT. Our salary components include Basic, HRA, Medical, Conveyance, and other allowances.

Regards

Query Regarding Maternity Leave

Dear Shri R.N. Khola,

Respected Sir, I hope this message finds you well. I am writing to seek clarification regarding maternity leave entitlement. One of our employees, a lady, took only 3 weeks of maternity leave before her delivery. She is now interested in knowing if she is eligible to request 9 weeks of paid maternity leave following the delivery.

Your guidance on this matter would be greatly appreciated.

Thank you for your attention.

Warm regards,

Shaikh

I need your help in this area. If an employee does not complete one year of service, are benefits still applicable? Our solicitor says that this condition of 80 days should not be considered in the first year, and the employee must complete one year of service for maternity benefits. The language of the act is quite ambiguous.

He mentions that if someone joins on 1st February and delivers on 1st May, how can maternity benefits be paid just because 80 days have been completed? The employee worked for only 80 days but received benefits for 84 days.

Thank you for your assistance.

Now, what can be said by me when the Maternity Benefit Act of 1961 states that an employee becomes eligible for maternity leave for 84 days if she works for 80 days in the establishment? We are required to adhere to the Act. For further clarification, you can contact the law enforcement agency.

Regards,
R.N. Khola
Welcome Skylark Associates

Please let me know if you need any further assistance.

Dear Sharon,

According to section 5(3) of the Maternity Benefit Act, 1961, 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, the employer is not in a position to reduce the maximum period, while the woman is at liberty to receive this benefit for a lesser number of days on her own.

With Regards,
R.N.Khola