Maternity Leave Rules - Pdf Download

What are the rules for maternity leave for employees who have joined the company for less than a year? Is paid leave of 3 months mandatory? Ours is a new start up company so does the same rules apply to all? What is the norm in the industry?

Hi Pallavi,

to answer your query:

Any female candidate who has served minimum of 180 days in the organization is eligible for maternity leave.

A maternity leave can be availed by a female candidate on submission of medical certificate stating the expected date of delivery. As per the rule, a 12 weeks paid leave is granted to female candidate out of which minimum of 6 weeks is to be taken post delivery. The remaining 6 weeks can be adjusted pre/post delivery as per the candidate’s convenience.

The payment of salary during maternity leave will include average of Basic and Dearness allowance and HRA which was paid in the last three months. Bonus, PF, Gratuity and any other allowances are not accounted.

Employer cannot terminate the employee on grounds of her maternity leave.

If the female becomes unwell due to her pregnancy, she is given 1 month’s extended paid leave. Proof of illness however is to be submitted. (Medical certificate)

If the female has miscarriage or undergoes abortion, she is entitled to atleast 6 weeks of paid leaves from the date.

If during delivery,

• The mother and the child dies: The company will pay the salary only till the period including the day on which candidate dies.
  
• Mother dies after giving birth to the child: The company will have to pay the maternity salary to the family till 6 weeks or till the child is alive (whichever is earlier).
  

Pls find attached a pdf on maternity act

Hi Ankita,
for maternity leaves it is compulsory that ESIC is there?
in our organization there is no PF and ESIC. so employee can get benefit of maternity leaves???

if female employee is covered under esi scheme she is eligible.
female employee will get cash benefit from esi dept.
eligibility female worker should work two cont. period.

Dear Helly,
ESIC is complete diff thing.
ESIC is medical benefits given to all employees who have their basic pay <= 6,500 (seniors pls correct if the amt is wrong)
When an organization is covered under ESIC Act, the Act has its own maternity benefits, so the employers are not required to pay any additional Maternity Cost to the female.
However, Maternity Act is applicable to all organizations where ESIC is not practiced or not observed.
So when your organization is not covered under ESIC you should be providing maternity benefits to your female candidates.
Hope it helped.

Dear Ankita Shah,
with ref to M.B Act Sec(5) says that :
(2) 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:
Shafi

I am working in Judicial department in Andhra Pradesh I joined in the service in 2014. Before joining in service, I have one daughter. Later i was blessed with son in 2009 and availed Maternity leave. Now I am carrying 4th month . I have taken maternity leave oncly once in 2009So, Can I take this time for maternity leave Please answer

Maternity Benefit/Govt. Notification/Draft Rules/ Period increase from 12 weeks to 26 weeks.

Hi,
One of our employees went on a maternity leave and after 60 days, she has resigned stating personal reasons. Is she eligible for maternity leave benefits? Can we recover the salary paid to her during maternity leave period? As per policy, she has to serve one month notice but as she is not complying, can we ask her to pay 1 month notice pay recovery? Would need suggestions on this.
Thanks,
Jyothi