Dear All,
I am an HR professional at a Public Limited Company. We require updates on Maternity Leave Eligibility Criteria. I would like to know the minimum physical presence at the workplace required to be fulfilled by a woman before going on Maternity leave. Is there a specific period that needs to be completed by the employee to avail maternity benefits from the company?
Kindly clarify my query.
Thanks & Regards,
Nijy PV
From India, Bangalore
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I am an HR professional at a Public Limited Company. We require updates on Maternity Leave Eligibility Criteria. I would like to know the minimum physical presence at the workplace required to be fulfilled by a woman before going on Maternity leave. Is there a specific period that needs to be completed by the employee to avail maternity benefits from the company?
Kindly clarify my query.
Thanks & Regards,
Nijy PV
From India, Bangalore
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Dear Nijy PV, Eligibility : Should have worked for minimum 80 days in preceding 12 months. This is only important parameter to avail the benefit under Maternity Benefit Act. 1961
From India, Rohtak
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15From India, Rohtak
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Let me add that these 80 days do not represent physical days of presence. Instead, all paid leaves and holidays will be counted as days present for determining eligibility for maternity leave.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Thank you all for the reply. But I heard that the employee has to serve 6 months of physical presence at the office to avail maternity leave and maternity benefit. Is it advisable? Do you know of any norms set by the Tamil Nadu government regarding this?
Regards,
Nijy
From India, Bangalore
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Regards,
Nijy
From India, Bangalore
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Hi All,
No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation: For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day.
Got it!
From India
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No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.
Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation: For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day.
Got it!
From India
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Dear Vikas, Qualifying period is to be read as eighty days in place of one hundred sixty days if you are telling us the details under the M B Act, 1961.Since 1988 is eighty days. R.N.KHOLA
From India, Delhi
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From India, Delhi
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Entitlement for Maternity Benefit under Maternity Benefit Act
5. Right to payment of maternity benefits - [(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 subsection, 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].
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [eighty days] in the twelve months immediately preceding the date of her expected delivery:
Provided that the qualifying period of [eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation - For the purpose of calculating under this subsection the days on which a woman has actually worked in the establishment, [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
(3) 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:
Provided that where a woman dies during this period, the maternity benefit shall be payable 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].
From India, Hyderabad
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5. Right to payment of maternity benefits - [(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 subsection, 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].
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [eighty days] in the twelve months immediately preceding the date of her expected delivery:
Provided that the qualifying period of [eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation - For the purpose of calculating under this subsection the days on which a woman has actually worked in the establishment, [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
(3) 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:
Provided that where a woman dies during this period, the maternity benefit shall be payable 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].
From India, Hyderabad
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Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc