Maternity Benefits in IT: How Many Times Can Female Employees Avail Them?

I am seeking information regarding how many times a female employee within an organization (a reputed public limited IT company) is eligible to avail maternity benefits. To clarify, can maternity benefits be availed up to a maximum of 2 deliveries or 3 deliveries, or is there no limit on the same?

A prompt response would be highly appreciated.

Regards

Hello,

Maternity Benefits Eligibility

Maternity benefits are provided for up to two deliveries as per the Maternity Benefit Act.

Regards,
Sampath
[Phone Number Removed For Privacy Reasons]

As per my knowledge, the law is silent about the number of occasions, and rightly so, as maternity benefits are not limited only to deliveries but also other circumstances.

Regards,
Preetam Deshpande

Thanks for the response. Quick question: Is it possible to claim the benefit only twice within the same organization, or can it be claimed throughout one's entire employment, including across different organizations?

Thank you.

There is no limit for "number of deliveries" in the Act. Some companies arbitrarily decide to keep the limit as 2, but this limit does not have any legal significance. The law supersedes company policies, so speak to your HR and ask for clarification. If they insist that the policies are in accordance with the law, then request them to point out the provision which specifies the limit on the number of deliveries.

Hope this helps.

Regards,
Ritesh Shah

Thanks for the response. Quick question: Is it limited to two instances within the same organization, or can it be claimed throughout one's entire career, even across different companies?

Maternity Benefit Act Overview

The Maternity Benefit Act states that all female employees are entitled to 90 days of maternity leave on a maximum of two occasions during their employment with the company. The application for maternity leave must be submitted at least two months before going on leave. This application should be accompanied by a certificate from a Registered Medical Practitioner specifying the expected delivery date. In cases of miscarriage or premature delivery, up to 45 days of maternity leave can be taken after the event.

Thank you.

The Maternity Benefit Act does not impose any ceiling on the number of deliveries in entitling a woman employee to avail the maternity benefit.

Regards, B. Saikumar

No society can be so insensitive as to even dream of curtailing maternity benefits to a woman employee on account of deliveries, including miscarriage. In India, the Act of 1961 does not prescribe any limit on the number of times a woman employee wishes to avail maternity benefits. If any company or establishment comes up with a fixed number of times maternity benefits can be availed, it is actually tantamount to harassment and indignity to the fundamental right to life with dignity. Under the new law of April 2013, such abrasive acts on the part of the employer would be deemed as sexual harassment.

Regards

High Court Judgment on Maternity Leave

See this HC judgment also.

Maternity leave cannot be limited based on the number of children: HC - Times Of India

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