Hi,
I want to know if maternity leave for 90 days should be "with pay" or "without pay" in a private organization. We do have a clause for maternity leave in our leave policy; however, I would like clarification on whether it should be provided with pay or without pay.
From India, Gurgaon
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I want to know if maternity leave for 90 days should be "with pay" or "without pay" in a private organization. We do have a clause for maternity leave in our leave policy; however, I would like clarification on whether it should be provided with pay or without pay.
From India, Gurgaon
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Dear,
It will be paid "with wages". If you are covered under the ESIC act, then its wages will be paid by ESIC; otherwise, your company will pay under the Shop and Establishment Act.
I want to know in which location you are working. If you are working in Delhi, then it will be governed by the Delhi Shop & Establishment Act.
Joginder Singh
From India, Gurgaon
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It will be paid "with wages". If you are covered under the ESIC act, then its wages will be paid by ESIC; otherwise, your company will pay under the Shop and Establishment Act.
I want to know in which location you are working. If you are working in Delhi, then it will be governed by the Delhi Shop & Establishment Act.
Joginder Singh
From India, Gurgaon
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Dear,
Please let us know which clause in your leave policy pertains to maternity leave?
With Regards,
R.N.Khola
From India, Delhi
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422Please let us know which clause in your leave policy pertains to maternity leave?
With Regards,
R.N.Khola
From India, Delhi
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Hi,
As per Section 5 of the Maternity Benefit Act, 1961, which reads as following:
5. RIGHT TO PAYMENT OF MATERNITY BENEFIT: (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery, and any period immediately following that day.
EXPLANATION: For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, The minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 (11 of 1948), or ten rupees, whichever is the highest.
Sec. 5. 3) says that: The maximum period of which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
Provided that where a woman dies during this period, the maternity benefit shall be payable to her nominee only for the days up to and including the day of her death.
Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled to the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.
Sec. 6. NOTICE OF CLAIM FOR MATERNITY BENEFIT AND PAYMENT THEREOF: (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit. (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount and in any such case, an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
IN CASE THE WOMAN WORKER IS UNDER ESIC COVERAGE, then she will get all the benefits from the ESIC Department and then the employer is safe from payments of such benefits to his woman employees. ESIC had to pay all the benefits under the ESIC Act 1948(34 of 1948) Read Section 5A.
LEAVE FOR MISCARRIAGE ETC: In case of a miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the date of her miscarriage or, as the case may be, her medical termination of pregnancy.
Section: 9A LEAVE WITH WAGES FOR TUBECTOMY OPERATION: In case of a tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.
Sect: 10: Leave for illness arising from pregnancy, delivery, premature birth of a child, miscarriage, medical termination of pregnancy, or tubectomy operation, A woman 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.
Section: 11: NURSING BREAKS: Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks for the prescribed duration for nursing the child until the child attains the age of fifteen months.
Mohan Rao
Manager HR
From India, Visakhapatnam
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As per Section 5 of the Maternity Benefit Act, 1961, which reads as following:
5. RIGHT TO PAYMENT OF MATERNITY BENEFIT: (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery, and any period immediately following that day.
EXPLANATION: For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, The minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 (11 of 1948), or ten rupees, whichever is the highest.
Sec. 5. 3) says that: The maximum period of which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
Provided that where a woman dies during this period, the maternity benefit shall be payable to her nominee only for the days up to and including the day of her death.
Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled to the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.
Sec. 6. NOTICE OF CLAIM FOR MATERNITY BENEFIT AND PAYMENT THEREOF: (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit. (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount and in any such case, an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
IN CASE THE WOMAN WORKER IS UNDER ESIC COVERAGE, then she will get all the benefits from the ESIC Department and then the employer is safe from payments of such benefits to his woman employees. ESIC had to pay all the benefits under the ESIC Act 1948(34 of 1948) Read Section 5A.
LEAVE FOR MISCARRIAGE ETC: In case of a miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the date of her miscarriage or, as the case may be, her medical termination of pregnancy.
Section: 9A LEAVE WITH WAGES FOR TUBECTOMY OPERATION: In case of a tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.
Sect: 10: Leave for illness arising from pregnancy, delivery, premature birth of a child, miscarriage, medical termination of pregnancy, or tubectomy operation, A woman 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.
Section: 11: NURSING BREAKS: Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks for the prescribed duration for nursing the child until the child attains the age of fifteen months.
Mohan Rao
Manager HR
From India, Visakhapatnam
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is maternity leave is applicable irrespective of salary drawn?- ie where the salary drawn is beyond PF/ESI limitation
From India, Coimbatore
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From India, Coimbatore
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Hi Yes Maternity leave is applicable to women employee, who are pregnant irrespective of salary drawn. Mohan Rao Manager HR
From India, Visakhapatnam
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From India, Visakhapatnam
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Dear,
You have not mentioned the name of the Act under which you are asking for this amendment. The maternity leave period is not amended in the Maternity Benefit Act, 1961.
With Regards,
R N KHOLA
Sr. Associate
098010405361
From India, Delhi
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You have not mentioned the name of the Act under which you are asking for this amendment. The maternity leave period is not amended in the Maternity Benefit Act, 1961.
With Regards,
R N KHOLA
Sr. Associate
098010405361
From India, Delhi
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Hi,
I am working on policies for an organization covered under the Bombay Shop and Establishment Act. According to the Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed. I wanted to know if there is a minimum period criteria, and if not, then is it required by law to compulsorily grant 12 weeks or can the specified period be reduced.
Please do help.
Sharon
From India, Mumbai
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I am working on policies for an organization covered under the Bombay Shop and Establishment Act. According to the Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed. I wanted to know if there is a minimum period criteria, and if not, then is it required by law to compulsorily grant 12 weeks or can the specified period be reduced.
Please do help.
Sharon
From India, Mumbai
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Dear,
According to section 5(3) of the Maternity Benefit Act, 1961, the maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery. Thus, the employer is not in a position to reduce the maximum period, while the woman is at liberty to receive this benefit for a lesser number of days on her own.
With Regards,
R.N.Khola
Hi, I am working on policies for an organization covered under the Bombay Shop and Establishment Act. According to the Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed. I wanted to know if there is a minimum period criteria, and if not, then is it required by law to compulsorily grant 12 weeks, or can the specified period be reduced. Please do help.
Sharon
From India, Delhi
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According to section 5(3) of the Maternity Benefit Act, 1961, the maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery. Thus, the employer is not in a position to reduce the maximum period, while the woman is at liberty to receive this benefit for a lesser number of days on her own.
With Regards,
R.N.Khola
Hi, I am working on policies for an organization covered under the Bombay Shop and Establishment Act. According to the Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed. I wanted to know if there is a minimum period criteria, and if not, then is it required by law to compulsorily grant 12 weeks, or can the specified period be reduced. Please do help.
Sharon
From India, Delhi
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Hi, I have a doubt...
1. Our organization is not covered under any act (factories/shops), so do we still need to provide maternity benefits?
2. Also, we have 110 employees and provide services to our clients abroad. It's an EOU. Shouldn't we have registered under the Shops Act by now?
Kindly help me clarify these points.
Regards,
Neha Sharma
From India, Chandigarh
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1. Our organization is not covered under any act (factories/shops), so do we still need to provide maternity benefits?
2. Also, we have 110 employees and provide services to our clients abroad. It's an EOU. Shouldn't we have registered under the Shops Act by now?
Kindly help me clarify these points.
Regards,
Neha Sharma
From India, Chandigarh
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Dear Neha,
After going through your statement, you seem to be very well covered under both of the Acts. According to the Punjab Shops & Commercial Establishment Act, 1958 as applicable to UT Chandigarh, a 'Shop' means any premises wherein any trade or business is carried on or where services are rendered to customers, and includes office, store rooms, godowns, etc. Thus, in this Act, even offices are covered under the Shops Act. You may also go through both the Acts for your query relating to the applicability of Acts. For more details, you can approach the office of the Assistant Labour Commissioner, Sector 30, Labour Welfare Centre Building, Chandigarh in this regard.
Opinion submitted as requested.
With Regards,
R.N.Khola
Hi, I have a doubt...
1. Our organization is not covered under any act (factories/shops), so do we still need to give maternity benefits?
2. Also, we have 110 employees and we provide services to our clients abroad. It's an EOU, so shouldn't we have registered under the Shops Act by now?
Kindly help me clarify these points.
Regards,
Neha Sharma
From India, Delhi
Acknowledge(0)Amend(0)
After going through your statement, you seem to be very well covered under both of the Acts. According to the Punjab Shops & Commercial Establishment Act, 1958 as applicable to UT Chandigarh, a 'Shop' means any premises wherein any trade or business is carried on or where services are rendered to customers, and includes office, store rooms, godowns, etc. Thus, in this Act, even offices are covered under the Shops Act. You may also go through both the Acts for your query relating to the applicability of Acts. For more details, you can approach the office of the Assistant Labour Commissioner, Sector 30, Labour Welfare Centre Building, Chandigarh in this regard.
Opinion submitted as requested.
With Regards,
R.N.Khola
Hi, I have a doubt...
1. Our organization is not covered under any act (factories/shops), so do we still need to give maternity benefits?
2. Also, we have 110 employees and we provide services to our clients abroad. It's an EOU, so shouldn't we have registered under the Shops Act by now?
Kindly help me clarify these points.
Regards,
Neha Sharma
From India, Delhi
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Dear Mr. Khola,
Thank you for your advice. Every time I try to explain to the management that we offer pharmaceutical research paper services to clients abroad and our office has 110 employees, so we are obviously covered under the Shops Act. However, every time they ask where it is specifically written that pharmaceutical research is included in the Act, or where it is stated that Chandigarh is covered under Punjab.
Moreover, we have never had an inspector or anyone come in to ensure that we are complying with the regulations stated in the Act. Therefore, I am beginning to doubt if we are actually covered under the Shops Act.
Nevertheless, I appreciate you shedding light on this issue as it has been bothering me for a while.
Regards,
Neha
From India, Chandigarh
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Thank you for your advice. Every time I try to explain to the management that we offer pharmaceutical research paper services to clients abroad and our office has 110 employees, so we are obviously covered under the Shops Act. However, every time they ask where it is specifically written that pharmaceutical research is included in the Act, or where it is stated that Chandigarh is covered under Punjab.
Moreover, we have never had an inspector or anyone come in to ensure that we are complying with the regulations stated in the Act. Therefore, I am beginning to doubt if we are actually covered under the Shops Act.
Nevertheless, I appreciate you shedding light on this issue as it has been bothering me for a while.
Regards,
Neha
From India, Chandigarh
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