Maternity Benefit Act, 1965

Dear Seniors,
I just wanted to know that is there a restriction of "availing maternity leave only for upto 2 children " while in the same company?

Hello,
Women employees shall be entitled to Maternity Leave subject to conditions prescribed in ESI Act or Maternity Benefits Act, 1961 whichever is applicable and after completion of six months of employment.
Female employees will be eligible for 12 weeks leaves (6 weeks before delivery & 6 weeks post delivery) & can be extended till one month in case of any illness arising out of pregnancy, delivery, premature birth of child (Miscarriage, Medical termination of pregnancy or tubectomy operations).for maximum 2 occasions during their tenure with the Company.

No restrictions of two children. Six months service is not required. Only 80 days working during the period of 12 months under one employer is enough to get benefits under Maternity Benefit Act 1961.

Dear Mr Mathew,
Thanks for your inputs but the bare act says that the female should have worked for atleast 160 days prior to the date of her delivery to be eligible for maternity benefit.

Mr Banerjee would you have the official gazette for this ammendment? My boss is hell bent on the fact that it is restricted to two child births in a year. I would like to prove my point by sharing the official gazette with him

I do not have that
But the latest copy of the act will be on the nic server
You can do a google search
But I don't think there was any provision for maternity benefit for 2 kids

Mr Banerjee, I think all central govt organisations follow PSU guidelines and they have capped it to 2 .

For Central/ State Govt/ PSU employees separate rules are framed for maternity benefits and they do not fall under the maternity Benefits Act. For government employees, the number of days of maternity leave is 180 days whereas it is just 84 for employees in the establishments covered by Maternity Benefits Act. Similarly, there are some 365 or 730 days leaves which can be availed during any time before the child becomes a major!! These cannot be included in Maternity Benefits Act meant for employees in private sector and if included I don't think that it will be feasible to run the organisation with female employees. Of course, under government rules there are restrictions regarding number of issues which is any way not there in Maternity Benefits Act.
Madhu.T.K

If you are talking of PSU, you should have specified that in your post.
The law applicable to them is different from that applicable to private enterprises as Madhu has just pointed out.