Duration For Materniy Leave

Hi,
I am working with a small IT firm based mumbai around 15 employees.
A female employee asking for maternity leave, 3 months before due date and 6 months after due date.
could you please guide what to do in such case ??
Deepa

HI,

ELIGIBILITY:

All married female staff.Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefit.

• The qualifying period of 80 days shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of immigration.

• For calculating the number of days on which a woman has actually worked during the preceding 12 months, the days on which she has been laid off or was on holidays with wages shall also be counted.

• There is neither a wage ceiling for coverage under the Act nor there is any restriction as regards the type of work a woman is engaged in.

ENTITLEMENT:

1. 84 days of paid Maternity Leave is allowed to females who have to deliver a child

2. A female employee can adjust this leave before and after the delivery of child totaling it to 84 days.

3. Before availing this leave, a certificate from the gynecologist has to be submitted mentioning the expected date of delivery.

4. Intervening National / declared / festival / weekly off days will be counted as part of leave.

5. If, because of any complication, leave has to be extended, it can be done but will fall under LOP.

OTHER BENEFITS

LEAVE FOR MISCARRIAGE AND ILLNESS

In case of miscarriage or medical termination of pregnancy, a woman shall, on production of the prescribed proof, be entitled to leave with wages at the rate of maternity benefit, for a period of 6 weeks immediately following the day of her miscarriage or medical termination of pregnancy.

LEAVE FOR TUBECTOMY OPERATION

In case of tubectomy operation, a woman shall, on production of prescribed proof, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of operation.

LEAVE FOR ILLNESS

Leave for a maximum period of one month with wages at the rate of maternity benefit are allowable in case of illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy or tubectomy operation.

MEDICAL BONUS

Every woman entitled to maternity benefit shall also be allowed a medical bonus of Rs. 250, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

As per Maternity Benefit Act the total leave entitled is 84 days i.e. 12 weeks which is further bifurcated as under
• Leave with average pay for six weeks before the delivery.
• Leave with average pay for six weeks after the delivery.
Apart from that the employee is eligible for further leave due to
Leave for illness arising out of pregnancy etc.
A woman suffering from illness arising our of pregnancy, delivery, premature birth of child (Miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum period of one month
It is always advisable to display the Maternity Benefit Act so that the employees are well aware of. Please send a copy of the Maternity Benefit Act to the female employee so that she is aware of the Leave

Thank you for your responses.
We are ready to give 3 months maternity leave..
But that employee due date is in the month of Aug last week and want to go on leave from this month her health is fine. On asking her regarding joining after due date says, she required minimum 6 months to join i.e it comes to total 9 months.
What to do in such case ???

HI,
if she cant able to work then accept her leave and remaining days treat as loss of pay..

Yes Merla Ravi Kumar has aptly answered, first let her claim the Maternity Benefit, any leave beyond 84 days without proper supporting can be treated as Leave without Pay (LWP)

Dear Merla Ravi Kumar,
You have mentioned in your thread that "All married female staff................................... is entitled to receive maternity benefit'. The definition of woman under Section 2(o) of the Maternity Benefits Act, 1961 do not demarcate between married and unmarried woman. It defines the "woman" means a woman employed, whether directly or through any agency, for wages in any establishment. This is also evident from the fact that in the various Forms prescribed under Maternity Rules of the States asks the name of the woman, wife/daughter of Sh X,Y or Z, and nothing else.
I hope you will agree with me.
BS Kalsi
Member since Aug 2011

Are You sure that in case of Miscariage & Illness, the maternity leave is for 6 weeks. I think another 6 weeks extension is admissible (i.e. 6 = 6 = 12 weeks) in case of Miscarriage.

Hi Mr.BS Kalsi..
I am agree with you..iam also posted the same..

Hi Deepa,
The Maternity Act provides for only 12 weeks (84 days) of leave. Any extension to this period can be done on Paid Leave (subject to Leave Balance Availability) / Leave Without Pay at the sole discretion of the management. Please negotiate with the employee based on this information keeping in mind the criticality of the position in which she is working. I am sure you can come to a mutually acceptable time frame. also, keep in touch with your employee even when she is on leave periodically to check her probability of resuming work on the accepted date and keep her positively charged to do so.
Regards,
Radhika