Insights on Maternity Leave Provisions: Maternity Benefit Act Guidelines and Legal Provisions

Hi,

My question is with regards to Maternity Leave Benefits. Is it compulsory for the female employee to avail her maternity leave before six weeks of her delivery date and after six weeks following her delivery? Can she avail the total leave of 12 weeks after her delivery?

Thanks.

Dear Ratna,

Firstly, I suggest you change the title of the posting to give the members a fair idea about the topic of discussion.

Secondly, to the best of my knowledge, it is not possible to avail the entire Maternity Leave after delivery as per the rules.

Hi,

There is no hard and fast rule followed by the organizations that women employees should avail ML 6 weeks prior to the expected date and six weeks after the expected date. However, as per the Maternity Benefit Act, the provision is to take ML 6 weeks before the expected date and 6 weeks after the expected date only. Many organizations are flexible in this approach, and these organizations leave it up to the employee to decide whether to take leaves in this way or all after delivery.

Amit Goyal

I am truly surprised by the way some of the members are handling legal issues in this forum. When somebody seeks clarification on the provisions of Acts and Laws here, they are asking for the legal provision, not the members' opinion. If one company is following a particular practice, that does not change the provisions of the law, and support from any number of other members also unfortunately does not change the position.

The Maternity Benefit Act says that an employee can avail of six weeks leave before and six weeks after delivery. Every employer covered under the Act is supposed to follow this provision. However, if the employer makes a deviation in favor of the employee, that is permissible as long as the deviation results in the benefit available to the employee exceeding what is laid down.

Deviations like granting an employee 12 weeks leave after delivery may not cause a problem for anyone in the private sector. But this may be questioned by other employees, and the management will not be able to justify their action in such a case.

Notwithstanding this, if you, as HR head in an organization, advise the management that it is okay to grant an employee full maternity leave after the date of delivery, I would advise that you also tell the management that the rules state that the leave is supposed to be granted six weeks prior and six weeks after the delivery. That way, your boss would know that you actually know the rule but are recommending a deviation in favor of the employee.

Hi Ratna,

As per the Maternity Benefit Act, maternity leave can be taken six weeks before the 'expected date of confinement' (i.e., delivery) and six weeks thereafter. It is advisable not to change it given the finer points enumerated in the Act. For instance, the Act specifies 'light work' (i.e., non-strenuous) for a month before the expected date of delivery (at the matured stage of pregnancy).

Therefore, it will be sensible to advise and accord any pregnant woman maternity leave well in advance of the expected date to avoid any premature delivery, labor pains, medical complications, prenatal miscarriage, etc. The eventuality of these must be factored in.

Perhaps advise the management to follow the law; it has been made after lots of deliberations, I suppose. Pregnant employees may not see these finer issues but may only seek convenience in availing all leave post-natal.

Hope this helps.

Rahul
09968270580

Hi SRatna7,

I would request you to always give your full name when communicating on a forum like this. We have been named by our parents in full. To abbreviate the name requires permission of the court. The law is very clear on the Maternity Benefit Act. If you think of breaching the law, please do read the penal provisions in the last section of the Act. A law is passed after lots of inputs from the experts. Never advise the management on how to breach the law. Always advise honestly on the legal provisions, or else you will land into trouble and be accused of misleading the management, and no one else. So be careful. I hope this clarifies your doubt.

Yours truly,
SATISH KUMAR
Sr. Manager (HR),
NTPC Foundation, Noida

Dear Ratna,

A woman employee is prohibited from working in an establishment during the 6 weeks immediately following the date of her delivery or her miscarriage under the Maternity Benefit Act, 1961. There is no legal bar for a woman employee to attend duties during the 6 weeks period prior to the date of her expected delivery, if she requests the employer for the same. However, she shall not be given any work for a period of one month immediately preceding the period of 6 weeks before the date of her expected delivery plus any period during such 6 weeks, which is of an arduous nature, involves long hours of standing, interferes with pregnancy or the normal development of the fetus, causes miscarriage, or adversely affects her health.

For the period of her absence from work during the 6 weeks prior to and 6 weeks after the date of delivery (total period not exceeding 12 weeks), the woman employee is entitled to maternity benefit equivalent to her daily average wages per day. Maternity leave with full wages/salary is to be allowed for a minimum period of 6 weeks from the date of delivery or miscarriage and a maximum period of 12 weeks covering 6 weeks prenatal and 6 weeks postnatal period. The employer may allow more days of maternity leave than the period prescribed under the Maternity Benefit Act, 1961, but is not legally bound to allow maternity leave for more days than that period. Therefore, the woman employee is not entitled to maternity leave with full salary/wages or maternity benefit for 12 weeks after the date of delivery under the above Act.

SK Hota

Email: hota_saroj06@yahoo.co.in