Can Maternity Leave Be Extended to 12 Weeks Post-Delivery if Not Taken Before?

Please shed light on the following query. According to the Maternity Benefit Act, a woman can avail of maternity leave six weeks prior to and six weeks after childbirth. If she does not avail of leave before delivery, can she take 12 weeks of leave after the birth of the child? What is the employer's liability towards the payment of benefits in such a case?

Thank you.

Regards,
Sacheein

Yes, she can take 12 weeks of leave after her delivery. The liability is to provide all benefits under maternity, including her salary, incentives, and medical bonus.

Thank you.

Legally, the employer is not liable to give 12 weeks of leave after confinement.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

From the date of delivery, she can take 12 calendar weeks of maternity leave. It is not compulsory to avail of 6 weeks prior to the expected date of delivery.

Regards,
Jayakumar C

She can take 12 weeks of leave. Companies usually pay the salary and medical expenses upon submission of relevant documents. However, if incentives are performance-based, since she is not performing during these 12 weeks, she may not receive the incentives.

Regards,
Monica

Dear Sir, if you have any citations on this issue, kindly share them with us.

Regards, Sacheein

I request the members to indicate which law states that she is entitled to 12 weeks of leave with benefits from the day of confinement. If nobody provides any reference to the provisions of the law, it is presumed that there is no such law except the employer's policy, which is not a law.

Regards,
Varghese Mathew

Maternity Leave Entitlement Under the Act

Section 5 states: (3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks. This is divided into six weeks up to and including the day of her delivery, and six weeks immediately following that day. The provision related to death during childbirth is not applicable here.

So, the period of 12 weeks is definitely split into 6 weeks prior to and 6 weeks after delivery. It cannot be merged into 12 weeks after delivery. The employer is always allowed to give more than required by the act.