Navigating Maternity Benefits: What Steps Do I Need to Take for a Smooth Application?

Please explain the procedure of Maternity Benefit.

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The procedure for claiming Maternity Benefit typically involves submitting a formal application along with relevant documentation to the appropriate government agency or employer. The specific requirements and steps may vary depending on the country's regulations and the organization providing the benefit. It is essential to familiarize yourself with the eligibility criteria and necessary paperwork to ensure a smooth application process. Additionally, understanding the timeline for submitting the application and receiving the benefits is crucial for proper planning during maternity leave. If you have any further questions or need assistance, please do not hesitate to reach out for support.

Maternity Benefits Under the Maternity Benefits Act

Under the Maternity Benefits Act, a woman employee is entitled to maternity benefits at the rate of her average daily wage for the period of her absence, for a maximum period of 26 weeks (earlier it was 12 weeks).

According to the Maternity Benefits Act, a woman employee is required to give her employer notice in writing, containing a medical practitioner's prescription, asking for the maternity leave and its benefits. She needs to inform the employer before delivery and after delivery with proof.

Some Features of the Amended Maternity Benefit Act

Increased Paid Maternity Leave

The amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the amendment Act, this benefit could be availed by women for a period extending up to 8 weeks before the expected delivery date, and the remaining 18 weeks can be availed post-delivery. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post the expected date of delivery).

Maternity Leave for Adoptive and Commissioning Mothers

The amendment Act extends certain benefits to adoptive mothers as well and provides that every woman who adopts a child shall be entitled to 12 weeks of maternity leave, from the date of such adoption.

Work from Home

The Amendment Act has also introduced an enabling provision relating to "work from home" for women, which may be exercised after the expiry of the 26 weeks' leave period. Depending upon the nature of work, women employees may be able to avail this benefit on terms that are "mutually agreed" with the employer.

Creche Facility

The amendment Act makes the creche facility mandatory for every establishment employing 50 or more employees. Women employees would be permitted to visit the creche 4 times during the day.

Employee Awareness

The Amendment Act makes it mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment.

Note: The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery.

For further or any legal clarification, you can call/mail me.

According to the Maternity Benefits Act, a woman employee is required to give her employer notice in writing, containing a medical practitioner's prescription, asking for maternity leave and its benefits. She needs to inform the employer before delivery and after delivery with proof.

Thanks a lot, sir, but what is the role of the employer after giving notice of maternity?

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Thank you for your response. May I ask which form should be submitted to the competent authority?

Maternity Benefit Act Query

I have a question regarding the Maternity Benefit Act. As per the new notification, the amended Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the amended Act, this benefit can be availed by women for a period extending up to 8 weeks before the expected delivery date, and the remaining 18 weeks can be availed post-delivery.

For example, one female employee went on leave on 01/03/2017, and delivery was on 24/03/2017. We informed her to join after 18 weeks of leave, but she requested to adjust the pending weeks before delivery. As per the previous situation, she has only taken 3 weeks of benefit, so now 5 weeks of leave are required.

According to the received notification, women employees can take 18 weeks of leave benefit only after delivery. Therefore, we cannot provide additional leave benefits.

I request you to provide a solution in accordance with the Maternity Benefit Act.

Female employees who want maternity leave will apply for maternity leave and benefits by submitting a written application to the employer. The employer will then accept and approve the request.

I would like to know your designation within the company and how it relates to the current inquiry.

Dear Mr. Suneel,

Thank you for your quick response.

One female employee is asking for an adjustment of the weeks of leave pending before delivery. I have raised the query to take the necessary steps.

As per the notification, it is 08 weeks before delivery and 18 weeks after delivery. However, in her case, it is 03 weeks before delivery and 18 weeks after delivery.

Can we adjust the pending 05 weeks of leave period which she had not taken due to an earlier situation?

My designation is Sr. Executive.

Hi Chirag,

She is entitled to a complete 26 weeks of maternity leave. How she takes those 26 weeks depends on her; the only condition is that she cannot take more than 8 weeks of leave before delivery. She can even take all 26 weeks after delivery if she desires to do so. Please calculate accordingly.

For further clarification or any future queries, you can call or email me.

Thank you for sharing all the important details related to the topic, Suneel. I have a query - could you kindly guide me on the same? Is it compulsory for every organization to provide maternity leave, and could you also provide information on the eligibility for any organization to have such a policy compulsorily?

Shweta

Hi Yogesh,

Form G has to be submitted to the competent authority. Please refer to the link to download the form: https://www.stacowiki.in/en/acts/st-...ent-authority/. Hope this helps!