Is Creating a Maternity Leave Policy Really Necessary for Our Organization?

Hi all,

I am in a stage of preparing the policies for the organization. I was told that it's not compulsory. I would like to know, is that true? :shock:

It is mandatory to grant Maternity benefits as prescribed by the Maternity Benefit Act, 1961. As per the Act, a woman who has completed 160 days of work during the 12 months immediately preceding the date of delivery is eligible to get 12 weeks' leave with salary. In case of miscarriage, the benefit is 6 weeks' leave.

Regards,
Madhu.T.K

Hi Madhu,

I need a few clarifications regarding the Maternity Policy. Is it the case that the female employee has to work for 160 days after availing the Maternity leave for 3 months? Kindly clarify.

Regards,
Kavitha

No. The reference of 160 days is that one woman worker should have worked at least for 160 days prior to the date of delivery in order to be eligible for Maternity benefit under the Act. It is immaterial whether she rejoins or not after delivery/3 months leave.

Regards,
Madhu.T.K

Hi Kavitha,

Thank you, Madhu.

Women, including temporary or unmarried individuals, are eligible for maternity benefits when expecting a child and have worked for their employer for at least 80 days in the 12 months immediately preceding the date of delivery.

As per the above act, could you kindly clarify whether it is 80 days or 160 days? I am confused.

Regards,
Kavitha

Hi,

I am in the process of designing the policies for our company. I went through your site, and it helped me get a lot of information about all the policies.

I have one query on Maternity Leave. I would like to know if the employee goes on Maternity Leave for 12 weeks (paid leave) and if she doesn't resume the service, then in this case, what should we do? We do not have PF facility where we can put a hold on it. Is it fair to pay her salary for 12 weeks once she is back from the maternity leave? 😕

Please advise me.

Regards,
Sonali.

Hi Sonali,

If the employee extends her leave, then you cannot deduct the 12 weeks' salary, but you do not have to pay for the extended leave until she joins back. If you are sure that the employee is not going to rejoin, then you can go ahead and deduct the notice pay as per your company policy.

Hi Prathima,

I have been working with my current company for the last 3 years. If I go on maternity leave 4 weeks before delivery, with an understanding with my company that I will not be resuming back at all (so I am effectively resigning), am I still eligible to get my 12 weeks paid leave after my last working day in the office? (i.e., for the next 4 weeks before delivery and 8 weeks after delivery)

Please advise.

Hi,

Post resignation, the management is not liable to provide you the benefit as the employee-employer relationship ceases after your resignation. But if the management is volunteering to pay it, recognizing your long-standing service in the organization, it can. - Saravana Rajan

I have a doubt about maternity benefits. I am working in an IT-enabled services company. Recently, my manager is framing the policies, and there is no maternity policy in place. Will I still be eligible to receive that benefit?

Maternity leave is mandatory for female employees when working for any organization. An organization cannot refuse this benefit.

Hi,

Is there any ground or excuse available for the employer to avoid paying 84 days' salary, especially in the present scenario of a recession? The organization, working on a time basis, is facing a truly problematic situation.

Is there any protection under the law available to the employer or provision for reimbursement from the government in cases where the employer is not the party at fault?

Please comment.

Anurag

Dear Friends,

There are two aspects to consider:

1. The number of days a woman has to work to become eligible for maternity leave. A woman employee should have worked 160 days preceding her date of delivery to become eligible for maternity benefits.

2. The number of days a woman can avail once she becomes eligible. Eligible women under this benefit get 84 days of maternity leave.

- Saravana Rajan.

Eligibility is a minimum of 80 working days, either continuous or continual, for a period of 12 months. The leave with pay should be provided for 12 weeks. The flexibility of availing this 12 weeks is on the employee's onus. Another aspect stated in the law is that an additional 4 weeks with pay should also be provided if the employee provides a doctor's certification stating she has developed an illness because of the maternity and needs one more month of bed rest. This is in accordance with legal compliance.

Chandrasekhar Podugu

I am working for an MNC IT firm and would like to know whether female employees proceeding on maternity leave can combine their sick leave, casual leave, along with maternity leave. Also, I would like to know whether the leaves accrued (vacation leave, sick leave, casual leave) during maternity leave of 12 weeks can be combined with maternity leave, or if they have to resume duty to avail this leave. Please advise.

As per policy, it's 18 vacation leave, 6 sick leave, and 6 casual leave.

Latha,

You can calculate the number of leaves available on a prorate basis and combine them with maternity leave.

Maternity leave can be clubbed with CL or any other available leave. For eligibility for maternity leave, a woman should have worked for at least 80 days, not 160 days. Maternity leave of 12 weeks will include all Sundays and holidays that intervene. A maximum of six weeks of maternity leave shall be taken before the date of delivery, but it is not compulsory for the 6 weeks of leave to precede the date of delivery.

Regards, Madhu.T.K

Dear Madhu,

I am confused whether it is a total of 6 weeks or 12 weeks to take, and the minimum eligibility is either 80 days or 160 days for leave. Are there any statutory formalities required to fulfill before applying for maternity leave?

Regards,
Ruchi

Hi Prathima,

Can the employee apply for leave along with her maternity leave in December itself for the leave that is going to be accrued during her maternity leave (January, February, March)?

Hi Madhu,

Can the employee apply for leave along with her Maternity leave in December itself for the leaves that are going to be accrued during her Maternity leave (January, February, March)?

Hi Madhu,

I want to express my gratitude for the information you provided; it was very useful. I have a question regarding the extension of leave beyond the stipulated period in the Maternity Leave policy. If an employee wishes to extend their leave, even if it is unpaid, and the employer chooses not to grant this extension, could there be any legal implications under the Maternity Benefit Act, 1961 that would bind the company?

Thanks, Sangeetha Susan

Dear All,

Can any one of you please guide me as I am in the process of framing a maternity policy for my company? I am looking for something specific.

God Bless!

Hi,

Is it necessary to pay a maternity bonus to a female employee who has already received 90 days of maternity benefits?

As per the Maternity Benefit Act 1961: "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery".

Yes, it is. Subject to the provisions of this act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefits at the rate of the average daily wage for the period of her actual absence. This period includes the time immediately preceding the day of her delivery, the actual day of her delivery, and any period immediately following that day.

Hi Tarajane,

After resigning, you are not eligible for availing the maternity benefits as per the Maternity Act of 1961.

Regards,
Anjali

As per the Maternity Benefit Act 1961:

A female employee shall be eligible for maternity leave for a period of 90 days from the date of its commencement. Can anyone help me to determine whether it is 90 working days or 90 days including weekends?

If it is a software company, do we need to calculate 5 working days only in the maternity leave for each week, or are we allowed to include weekends in the 90 days of maternity leave.

Regards,
Anjali

Dear Anjali,

If you have read the M B Act, 1961, then why have you written 90 days period of maternity benefit? It might be possible that your unit may be providing a 90-day benefit, but according to the M B Act, 1961, section 5(3), the maximum period for which the woman employee shall be entitled to maternity leave will be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery.

It is also clarified that we are allowed to include the weekends in 84 days as paid holidays. This is as per section 5(2) explanation of the aforementioned Act.

Regards,

R.N.Khola
Sr. Associate

Dear All,

I need one small clarification. Could you please guide me?

When a female employee goes on Maternity leave, is she eligible for full salary or only the basic?

Regards,
Padmashree

Hi Padmashree,

A female employee may be entitled to normal pay from the company for the period of maternity leave.

Regards,
Anjali

I need some more clarification on what maternity leave entitles. Can a woman combine annual leave with maternity leave?

Thank you for reaching out for clarification on maternity leave entitlements. In many organizations, it is possible for a woman to combine annual leave with maternity leave. However, specific policies may vary, so it is advisable to check with your HR department to understand the guidelines applicable in your workplace. Combining annual leave with maternity leave can provide extended time off for new mothers to bond with their child and manage their transition back to work more effectively.

Hello,

A female employee shall be eligible for maternity leave for a period of 84 days (Twelve weeks) from the date of its commencement. Maternity leave shall not exceed more than 84 days. Maternity leave may be combined with leave of any other kind.

Regards,

Anjali

Hi,
The company I worked had a policy like this:
• Female employee should have worked for 365 days after she joins the organization.
• Eligible for 3 months(12 weeks)of leave
• The maternity amount would be paid to her once she resumes back to the work in three equal instalments.
• Benefits are valid only for 2 deliveries.
• The employee is eligible to take 4 weeks leave prior to delivery and 8 weeks post delivery.
•

Dear Member,
Welcome to CiteHR.
If your company is covered under the Maternity Benefit Act, 1961 then this policy can not be stated to be in accordance with law.Therefore go through MB Act, 1961 & amend it accordingly.

Regards,
R.N.Khola