Maternity Leave in India: Does the New Rule Apply to Ongoing Leaves Starting April 2017?

Hi, I am having a question about the new maternity rule in India. I understand that this rule is effective in IT companies starting from April 1, 2017. However, if a person is already on ongoing maternity leave during April, would she get benefits as per the new rule or not?

Yes, you are eligible. The position is clarified in the Ministry of Labour & Employment, Government of India Circular dated 12.04.17 (Ref. No. S-36012/03/2015-SS-I).

Hi,

1) What is the procedure if the employee does not turn up after the maternity leave? She has not even communicated about leaving the services. Can we terminate the employee if there is no communication from her end?

2) What if the employee is asking for extended maternity leave? What is the maximum time we can give, and are we supposed to pay anything to the employee after 6 months of maternity leave?

Thank you.

Eligibility for Second Maternity Leave

The question is, after 26 weeks of maternity leave taken by an employee, how many days until she can take a second maternity leave? Is she eligible for a second maternity leave within a year of returning from the first maternity leave?

Is there a written clause addressing this question?

Eligibility for Maternity Benefits Under the Maternity Benefit Act of 1961

As per the Maternity Benefit Act of 1961, to be eligible for maternity benefits, a woman must have been working as an employee in an establishment for a period of at least 80 days within the past 12 months. There are no other conditions specified in the Act. Therefore, after completing the earlier maternity leave, if the employee has worked for an additional 80 days, she becomes eligible for the next maternity benefit. This consideration also applies to cases of abortion that occur after availing maternity leave, provided they happen after 80 days of working following the resumption of duty.

Recently, I received an offer from TCS. After that, my pregnancy was confirmed. I will be three months pregnant when I join TCS. Will I be eligible for maternity leave?

As per the law, the entitlement comes after 80 days of continuous service. So, you are eligible.