Maternity leave benefit - how many months before taking maternity leave?

prachis1086
Can anyone help me in knowing if there is any clause in maternity leave benefit act about how many months before taking maternity leave should an employee inform the employer?
Harsh Kumar Mehta
1. Dear member, you have not mentioned as to whether your question relate to claim of maternity benefit under ESI Act, 1948 or under the Maternity Benefit Act, 1961. In case you are not covered under ESI Act, 1961, you can claim said benefit under the Maternity Benefit Act, 1961 provided you are eligible for the same.
2. I think, the procedure to claim benefit under MB Act, 1961 must have been explained in the Rules as framed by the appropriate State Govt. where you are residing. In case you are residing in Karnataka, I hope Maternity Benefit Rules as framed by Karnataka State Govt. will be applicable. For more details, you can get a copy of the same from any law-book shop of the area. So far as I understand, you are required to obtain Medical Certificate on prescribed form (as per said Rules) and submit your application/intimation or notice to your employer on prescribed form. I think, to certify as to from which date a woman is required absentation from work due to confinement/miscarriage etc. is a medical issue and is to be certified by the competent Medical Officer/Medical Practitioner as laid down under said Rules.
3. I think, about all above procedure, you can also confirm the position from concerned HR/HR department of the organisation where you are working.
With best wishes.
svramana88
Dear Friend ‘s,
Please find the recent notification released by ESI ON 18/07/17.
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Aniket Pathak
Its easy employee gets lot of time to inform her employer about this. The only thing she needs to know is the maternity leave is of 26 weeks in ratio of 8/18 . 8 weeks prior to delivery and 18 weeks post delivery. employer needs to be informed about delivery date of the employee say before a month or two before going on leave. some employees may ask for more leave later by working more before delivery date. i.e by taking 6 or 4 week leave prior delivery.
saps.214
Hello Seniors,
May I know if an employee avails her 6 months maternity leave and hen she decides to resign so in this scenario what is the act. Should company accept her resignation or should they recover her maternity leave paid to her.
Also what if employee after availing her 6 months maternity leave applies for PL without attending office.
Do we have any notification or clarity in this case.
Location is Mumbai.
All these cases are not under ESIC act.
Please revert.
Thankyou.
svramana88
dear ,
please read the act carefully.....................
ADAM EXPORTS
Please inform about Wages Defination of Esic Act
farhana261291
I am an ESI employee. My husband is working in a nationalised bank and I'm also covered in his insurance policy. My query is, as I'm already covered in other insurance then am I eligible for maternity paid leave benefits or will it be refused for me.
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