Maternity Benefit Calculation [Thread 378529]

Hi Satyasikha,
As per Maternity Benefit Act an employee is eligible for six weeks of leaves before delivery & six weeks of leaves after delivery. And in case any employee likes to extend the leave will be not paid.
Regards,
Vinay Kumar.

it depend on company to company. Few company may grant it, few company may consider it as leave without pay. The mandatory leave with pay is only for 84 days thats too spilt as 6 weeks earlier to date of expected delivery and 6 weeks after delivery.
It cannot be clubbed
Govind

Dear Satyasikha,
As per Section 10 of Maternity Benefit Act, 1961, A woman suffering from illness arising out of pregnancy, delivery, premature birth of child,miscarriage, medical termination of preganancy or tebectomy operation shall, on production of such proof as may be prescribed, be entitled , in addition of the period of absence allowed to her under section 6(related to notice of claim) or ,as the case may be, to leave with wages at the rate of maternity benefit for maximum period of one month.
Regards,
Anuj

Hi Govind,
In plain and simple language it is 84 calendar days [12 weeks] maternity leave i.e. it includes weekly offs and holidays.
regards

Dear Govind,
Our colleagues who are on Maternity leave, like any other leave is not entitled to Holidays, weekly offs, festivals, etc. Earlier it was 3 months (90 days), to be taken in two parts, pre and post delivery equally. Now it has come to be six months (180 days), for government employees (as far as I know), to be taken as convenient and required by the expected female employee, but at a stretch.
For her, she can enjoy only 1 benefit at a time, cause some one else is paid on her behalf too in her absence, almost all the time.
Some one please correct me if I'm wrong.
Regards,
Liboy Bonny
+918670777611

Dear Govind,
Your basic question is whether holidays and off-days are exclusive to the 84 days allowed for maternity leave. Let's say there six off-days during that period and two holidays. You are suggesting that the individual should be allowed 84 + 6 + 2 days as maternity leave.
Maternity benefit is the leave permitted upon a perception that due to pregnancy a woman worker may not be able to perform her work for a period of 42 days prior to delivery and 42 days post delivery. And that is it. Any other suggestion will make it prone to interpretation leading to subjective advantage to some individuals, which will make it unfair.
The permitted 84 days are paid leave. Section 10 caters for unforeseen contingencies for a period of up-to one month. In case more time is required for recuperation / convalescence, the company may grant the same with or without pay as per its policy.
Good luck.
Colonel Gahlot, Proprietor
TRURECRUIT

Dear Satyasikha,
Please note that as per S/10 of The Maternity Benefit Act, 1961, A woman suffering from illness airising out of pregnancy, delivery, premature birth of child (miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum period of one month.
Regards,
Kuldeep Singh

@ Colonel Gahlot
Well said and I agree to you. I completely accept your view.
Yes, an organisation on its sole discretion may exclude holidays, weekly off and can pay extended maternity leave as a good gesture or the practice.
The main point is that any organisation should comply with the minimum requirement and the Act should not be conflicting.
For example, as per the Shops and Establishments Act, an employee is entitled to get 1 days leave for 20 days worked (i.e. PL) and a weekly off too. If a labour inspector visit and if he raise question, then an organisation should not suffer
Regards
Govind

Dear sirs,
The Maternity leave is for 84 days and intervening holidays and w offs are to be part of leave. A weekly off is allowed with pay for the employees who worked for 48hrs in a week hence it is not applicable for the employees who are on Maternity leave. This is a special leave.
The employee who is on maternity leave is not eligible for PL for those days (84 days ) @ 1 leave for every 20 working days because she has not actually worked on those days. Even the labour inspector or any statutory authority can not question on this particular leave process and there is no problem to the organization and they can not issue any notice or raise any issue in this particular issue.
Thanks and regards - kamesh

Dear Govind,
Weekly offs are given when an employee has worked for that particular week..be it 5 day working or 6 day working. to earn that Weekly off the employee should be present the week before. since the employee is on ML, hence she has not worked that week to earn the weekly off and hence she will not be eligible for the weekly off during her ML period. Moreover, when an employee goes on ML any public/national holidays falling during that period will be included in the ML. Hope this clears your doubt on Weekly off eligibility criteria for ML.