One month addition Leave apart from 26 weeks- Maternity Act ,1961

Hi Team HR,

I have a question pertaining to one month of extra leave in addition to the 26 weeks. Is there any provision to avail one month of extra leave pre-maternal leave (8 weeks), or will additional one month leave be applicable after the completion of 26 weeks, as per the Act of 1961 under section 10?

Section 10 of the Act states: Leave for illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage. A woman suffering illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6 or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

Kindly advise.

Dear Rajkumar,

Yours is, in fact, a good question. The exact answer to your query lies in understanding the phrase "in addition to" used in section 10 of the MB Act, 1961. Normally, the phrase "in addition to" refers to "something extra which would be available after something else already in existence." Therefore, whatever is mentioned as "in addition to" is an extra that comes later in the chronological sequence.

Regarding the maternity benefit contemplated under the Act, simply put, it is the leave of absence with wages and continuity of service. If you scan sections 5(1), 9, and 9-A of the Act, you will find that the central points of reference are the "day of delivery," "medical termination of pregnancy," "miscarriage," and "tubectomy operation," respectively. Therefore, the additional leave of one month under section 10 can only be availed of after the occurrence of such incidents.

The leave of absence due to other sickness is covered under the prenatal portion of the maternity leave.

Thank you so much, Sir,

It is really very worthy advice.

Regards,
Raj Kumar

Respected Sir/Madam,

I am working with a government UT company on contract as an office driver. My present company was paying me Rs. 23+ as an in-hand salary via a contractor. However, my company appointed a new contractor, and our new contractor is saying that my salary will decrease from 23+k to 15+k, with no increments at present. Our annual leave entitlement was 21 days in the year, but the present contractor is stating that we only have 8 days of leave in the year as per PAN India rules.

So, please, Sir, tell me how I can get my present salary and the list of leave entitlements. Please, Sir.