Maternity Leave Dilemma: Can Benefits Be Taken All at Once Post-Delivery?

We all know that there is a rule that the maternity leave shall be availed before 42 days and after 42 days of the delivery date. However, if any pregnant woman extends her maximum working period in the company to her actual delivery date, can she avail 84 days of benefit in one stretch after her delivery?

Please reply urgently as we have such a case to handle.

Sud...

Dear member, It would be better if you could indicate under which law, i.e., either the Maternity Benefit Act, 1961, or the ESI Act, 1948, you require clarification or discussion on the issue raised by you.

Clarification on ESI Act Benefits

However, if you seek clarification regarding the ESI Act, I believe that availing total benefits for 84 consecutive days after delivery would violate Section 56(2) of the said Act. I also have doubts whether the Insurance Medical Officer at the ESI dispensary would issue a certificate for "84 days benefit at a stretch after her delivery."

Thank you.

Dear member,

This thread appears to be a duplicate. Please refer to the following thread: https://www.citehr.com/537502-matern...-delivery.html

Dear Mehta Sir,

The employee is not covered under the ESIC Act. She is covered under the Maternity Benefit Act 1961. What would be the provision if she wants to take all 84 days of leave at a stretch after delivering the baby.

Now, the government is allowing full maternity leave at a stretch from its commencement, which cannot be later than the date of confinement, i.e., the date of delivery.

Dear Sir, please note that a lady needs leave after confinement for her recovery and for the tender care of her infant if she remains fit before delivery. You also have to grant her 84 days of leave, so why put bars on the pre/post-delivery period?

Thanks,
V K Gupta

A pregnant woman shall be entitled to receive maternity benefit for 12 weeks (of which not more than 6 weeks shall be before the expected date of delivery) - Sec 5(3) of The Maternity Benefit Act 1961. Thus, she can avail all 12 weeks after her actual delivery if she has not taken maternity leave until the date of delivery. She has to be eligible (worked 80 days in the preceding year and not availing ESI, as someone has stated in the previous response).

Trust you have got the answer.

A. S. Bhat

The government, which is giving 180 days of maternity leave to its employees and planning to extend the same to industrial workers, may well first amend the Maternity Benefit Act to give leave at a stretch after delivery if the woman desires it.