Maternity Leave Dilemma: Can I Extend My Leave to 6 Months in a New Job?

Good day. I would like to know if it is possible to take 6 months of maternity leave. Our leave policy is four months, and it is without pay as I am still new in the company.

Good day, I would like to know if it is possible to take 6 months of maternity leave. Our leave policy is four months and is without pay as I am still new in the company.

Maternity Benefit Act, 1961

As per the Maternity Benefit Act, 1961, the period for which a woman is entitled to maternity benefit is as follows:

- The maximum period a woman is entitled to maternity benefit shall be 12 weeks, of which up to 6 weeks shall be before the date of her expected delivery.
- A woman shall not be entitled to maternity benefit unless she has actually worked in the establishment for a period of not less than 80 days in the 12 months immediately preceding the date of her expected delivery.
- A woman shall be entitled to the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence (maximum 12 weeks), or at the rate fixed under the Minimum Wages Act, or Rs. 10 per day, whichever is higher.

Regards

Managing Maternity Leave Extension

Now the ball is in your court to manage the extension of maternity leave. Handle it smoothly, or you can take leave as per the law: 3 months (6 weeks before delivery and another 6 weeks after delivery). After this period, you can come to the office for 5 days a month or 10 days a month for up to 6 months from when you started your leave.

Maternity Leave Entitlements

As per the Maternity Act:

1. You are eligible for 3 months' PAID maternity leave.
2. If you have an illness and can prove it with a medical certificate, your PAID leave can be extended by a month.
3. Apart from this, you can also avail UNPAID leave for up to 1 month. However, this is at your employer's discretion to accept or reject, and there's no legal obligation.

Good reply. You have described pointwise the real implications of the Maternity Act of 1961.

Regards,
Ajay Sinha

Since you are posted in South Africa, the Maternity Benefit Act of 1961 will not apply there. It is applicable in India only and not in South Africa. Please refer to your local laws.

Regards,
P.N. Pathak
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