Am I Eligible for Paid Maternity Leave After Just Joining a New Company?

Hi All,

I joined a private company on June 15, 2017. Now I'm in the second month of pregnancy. Am I eligible for Maternity Benefit? If yes, will the 26 weeks be paid leave or leave without pay? Please let me know.

Thanks in advance,
Saketha

Dear,

As per the Maternity Benefit Act, you need to complete at least 80 payable days to be eligible. Once you have completed this requirement, you are eligible to take 26 weeks of leave.

Hope it's clear.

Sir,

Will the 26 weeks be a paid leave or leave without pay?

Maternity Benefits Act of 1961

As per the Maternity Benefits Act of 1961, every woman employee is entitled to 26 weeks of maternity leave. The latest amendments to the Maternity Benefits Act of 1961 state that every woman employee will receive 26 weeks or 182 days of maternity leave during their pregnancy. These 26 weeks will be provided for the pregnancy of the first two babies; after that, only 12 weeks of maternity leave will be granted to women employees.

Commencement of Maternity Leave

The usual time to commence maternity leave is 8 weeks before the due date, which is approximately 2 months prior to delivery. Typically, women employees will take maternity leave according to the Maternity Benefits Act of 1961 in an 8-week to 18-week ratio: 8 weeks before the delivery date and 18 weeks after the delivery date. If they wish to have additional maternity leave after delivery, they must take only 4 weeks of maternity leave before delivery to extend their leave post-delivery.

Maternity Benefit Entitlement

Every woman is entitled to maternity benefit, and her employer is responsible for paying it at the rate of the average daily wage for the period of her actual absence. This includes the period immediately preceding the delivery day, the delivery day itself, and any subsequent period.

Calculation of Average Daily Wage

The average daily wage is calculated as the average of the woman's wages for the days she has worked during the three months leading up to her maternity leave.

Eligibility for Maternity Benefits

A woman must have worked in the employer's establishment for a minimum of "eighty days" in the twelve months before her expected delivery date to qualify for maternity benefits. Therefore, maternity leave is considered paid leave.

Regards, Amit

In the new Maternity Benefit Act, the "Work From Home" clause has been added. Is it applicable after availing 26 weeks of leave as per mutual understanding or after 90 days? Please confirm.

Section 5, Sub-section (5): In cases where the nature of work assigned to a woman is such that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such a period and on such conditions as the employer and the woman may mutually agree, i.e., just after availing the Maternity Leave.

Regards,
Amit

Hi all,

Do maternity leave wages count as per the in-hand salary or basic salary?

Hello Seniors,

Please help me out with the Government Order on Maternity Leave (26 Weeks) as a paid leave. I need to submit to avail the benefit.

Also, please let me know... In case of paid leave, whether I am eligible for full Gross or only Basic Pay.