Navigating Maternity Leave in a Software Company: How to Ensure You Get Your Benefits

Hi all, I am working with one of the IT/Software Private Limited companies in Pune. I wanted to apply for maternity leave and discussed this with our HR Manager. She informed me orally, "You need to take the leave 1.5 months (6 weeks) before the Expected Delivery Date (EDD) and 6 weeks after EDD. You will not receive your salary per month as per the regular schedule; instead, you will get it after 3 months when you resume the job. Moreover, she pointed out that you will not receive any salary if you are unable to resume/join the work on the specific date after the 6 weeks of delivery."

Queries Regarding Maternity Leave

1. My expected date of delivery is 15th Sep 2012; hence, 6 weeks prior would be 1st Aug 2012. In such a scenario, on which date should I apply for maternity leave to get all the benefits?

2. Are Maternity Paid Leave and Maternity Benefits different things? i.e., do we get any monetary benefits along with 3 months' paid salary?

3. If I take leave from 1st Aug 2012, i.e., 6 weeks prior to EDD, should I get my full salary in advance? Or should I receive a regular monthly salary? My management is saying that I will not receive any salary during the 3-month maternity leave period. They will give me all 3 months' salary when I resume work after 3 months. Plus, if I am unable to resume the job on that particular date after 3 months, then they will not give me any salary at all.

4. Is it necessary to resume work on the particular date after 3 months of maternity leave? What if I am unable to join on that particular date due to health issues?

5. Is the Maternity Benefit Act the same for all companies in India, especially for Pvt. Ltd. Software companies in Maharashtra? Or is it different for every state?

6. Can any Pvt. Ltd. Software company change the Maternity Benefit Act and make the Maternity Policy as per their convenience?

7. How should I proceed with this to my management to get all the benefits under maternity leave?

Please provide me with the answers ASAP..!!

Thanks!!

Thank you for your replies! As I mentioned, my EDD is 15 Sep. 2012, and I am planning to take leave from 1st Aug. 2012, i.e., 6 weeks prior to EDD. However, if the actual delivery date is delayed by a week or so, the 6-week prior schedule would not be maintained. Even in that situation, would I still be eligible to receive all the Maternity benefits? Please suggest!

Yes, you will be, but not for more than 12 weeks. I would advise you, if you are okay with working beyond 6 weeks before the expected date of delivery, to continue working. You can mention any date for absence due to pregnancy before the expected date of delivery in the Notice. It is not compulsory or mandatory that a woman has to avail of 6 weeks' leave before the expected delivery date and 6 weeks post-delivery. She can avail all 12 weeks post-delivery.

Regards

Thank you all for the information so far! As I asked a few questions above related to maternity leave, in continuation to that I have the following questions:

Issue:

I have taken official 3 months (6 weeks prior and 6 weeks after the date of delivery) maternity leave. I took leave from 1st Aug. 2012 to 31st Oct. 2012. My delivery date was 11th Sep. 2012. Today, 1st Nov. 2012, I joined the office to complete the formalities. As I have gone through surgical pregnancy, I wrote an official email for 3 months leave without pay.

The point here is that, before going on leave, management told me that I would get 3 months' salary after I join following the 3 months of maternity leave, i.e., today, 1st Nov. 2012. However, today when I applied for 3 months leave without pay, the management asked me to resign. Not only that, they said that they would NEITHER pay me 3 months' salary (Aug, Sep, Oct. 2012) NOR provide maternity benefits for which I had taken maternity leave. I did not resign today and asked them to give me at least 3 months' salary as per the Maternity Act. Even they did not give me salary during the maternity leave period.

But they said that they have a policy like that only.

It's a Pvt. Ltd. Software Company in Kothrud, Pune. We have an office in Mumbai as well, and the total staff in the Pune office is more than 50 employees.

I don't know how to proceed further so that I can get my 3 months' full salary. Does the company make such policies as per their requirements without following Government rules?

Should I get the salary for 3 months as per the Act?

Please guide me on what to do in this scenario. How to deal with this issue.

Please feel free to call me on my mobile no. [Phone Number Removed For Privacy Reasons].

Thanks!