Is There Any Law For Maternity Leave? - DOC Download

Hi,
I am designing Leave policy for my co. Just want to know that is there any law regarding Maternity Leave policy. I saw in couple of posts that maternity benefit is for 12 weeks with pay, which may be extended without pay, is that the policy? and what if the co. wants to modify, can we?
Pls suggest!!
k

Dear Kabita,
The Maternity Benefit Act 1961 specifies the guidelines for maternity leaves.
Besides, a good amount of information is being shared in the forum about the same in the Industrial Relation section. You can go through the same.
Thanks
Ligy Jose

This is a good topic, to ask very important question.
I know an HR professional(women) working in a company since last 1 and 1/2 year but it is not a growing co. and she wants to change, but since she is married for last 2 and 1/2 year, she is also thinking for family planning.
When she goes for an interview HR people / concerned Interviewer hardly considers her candidature.
Is there any solutions?? or there is no job for ladies like her, in this situation.

Sanjukta,
You are absolutely right, it is very difficult for ladies going thru this circumstances to survive in market or to get into a new job. If the lady you know is facing such problem, then you can advice her to stick to the same co. for a while, in the meanwhile she can plan for family extn, then may take a break for an year or so, and jump again in the market with new energy and self esteem.
This is very crucial stage for new employers also, they will never like to invest in a new candidate who soon gonna be on maternity leave. It will not be their money worth.
k

Dear Kabita
You are right, even I would not consider such candidates.
Any one else gone through such situation, please share.
MS

Hello,
Would like to know whether maternity leave in IT companies is 90 days or has it been increased to 135 days. Pls confirm.
Regards,
manjula

Dear,
If ESI act is applicable than maternity benfit act is not extended to the employee applicable the same is guided as per ESI act if not than M.B act will be apllicable.
R.K.P

Hi kabita,
Find enclosed the Maternity Act, hope it will help you to solve ur query..
Regards,
Amit Seth.

Hi,

Have attched a simple ppt on MB Act .I had come across the information mneioned in the paragraph below , while surfing for latest amendments of the Act . Nothing prevents an employer gving extra benefits over and above the prescribed minimum.This can be mentioned in the company's HR policy.

Maternity Benefit (Amendment) Bill, 2007

(Bill No XXXVIII of 2007) May 1, 2007

A BILL

Further to amend the Maternity Benefit Act, 1961

Be it enacted by Parliament in the Fifty-eight Year of the Republic of India as follows:

1. Short title and commencement :-

(1) This Act may be called the Maternity Benefit (Amendment) Act, 2007.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Substitution of new section 8 – In the Maternity Benefit Act, 1961 (53 of 1961), for section 8, the following section shall be substituted, namely:

8. Payment of medical bonus-

(1) Every woman entitled to Maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

(2) The Central Government may from time to time, by notification in the Official Gazette, increase the amount of medical bonus subject to the maximum of Twenty Thousand rupees.

Hope the information helps

Regards

Kirti

As per policy 12 weeks company can pay .But you can suggest that after 12 weeks person can join for half day on 50% salary .So work will not suffer .you can only suggest managment have to appropve.