Dear Seniors,
Greetings for the day. Sir, I need your suggestion regarding the Maternity Benefit Act, 1961, under Section 10 (Leave for Illness Arising Out of Pregnancy, Delivery, Premature Birth of Child, or Miscarriage). This section describes that if a woman is suffering from an illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage, she shall, on the 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.
Our company employee is demanding one more month of leave under Section 10.
We have already paid for 80 days of leave (from 7th Nov-12 to 25th Jan-13). The remaining 4 days of leave will be paid with the Feb-13 salary. We haven't paid the Medical Bonus yet. She was supposed to join on 30th Jan-13 but didn't join, and now she is saying she requires one more month of leave.
According to Section 10, we have to pay for 6 weeks plus one month after delivery, which means a total of 72 days (from the date of delivery, 10-12-2012, to 19-02-2013) payment to her after delivery. She will have to join on 20th Feb-13, but she is saying she will join in the first week of March-13.
Sir, please suggest how to manage one month or more than one month of leave and its rate of payment, and what action the company can take if the employee doesn't join the company after taking the Maternity Benefit.
Regards,
From India, New Delhi
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Greetings for the day. Sir, I need your suggestion regarding the Maternity Benefit Act, 1961, under Section 10 (Leave for Illness Arising Out of Pregnancy, Delivery, Premature Birth of Child, or Miscarriage). This section describes that if a woman is suffering from an illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage, she shall, on the 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.
Our company employee is demanding one more month of leave under Section 10.
We have already paid for 80 days of leave (from 7th Nov-12 to 25th Jan-13). The remaining 4 days of leave will be paid with the Feb-13 salary. We haven't paid the Medical Bonus yet. She was supposed to join on 30th Jan-13 but didn't join, and now she is saying she requires one more month of leave.
According to Section 10, we have to pay for 6 weeks plus one month after delivery, which means a total of 72 days (from the date of delivery, 10-12-2012, to 19-02-2013) payment to her after delivery. She will have to join on 20th Feb-13, but she is saying she will join in the first week of March-13.
Sir, please suggest how to manage one month or more than one month of leave and its rate of payment, and what action the company can take if the employee doesn't join the company after taking the Maternity Benefit.
Regards,
From India, New Delhi
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Leave for Illness Arising from Childbirth or Miscarriage
For illness arising out of childbirth or miscarriage, as the case may be, one month of leave with pay, in addition to what is admissible (i.e., 12 weeks for childbirth or 6 weeks for miscarriage), is to be given as per Section 10. This is granted subject to a medical certificate only. This leave is not granted on any other grounds but only on medical grounds and that also for illness connected with delivery or miscarriage, as the case may be. In total, a woman employee may be granted 16 weeks of leave for delivery and 10 weeks of leave for a miscarriage. The medical bonus (Rs 3500) is a one-time payment.
Regards,
Madhu.T.K
From India, Kannur
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4526For illness arising out of childbirth or miscarriage, as the case may be, one month of leave with pay, in addition to what is admissible (i.e., 12 weeks for childbirth or 6 weeks for miscarriage), is to be given as per Section 10. This is granted subject to a medical certificate only. This leave is not granted on any other grounds but only on medical grounds and that also for illness connected with delivery or miscarriage, as the case may be. In total, a woman employee may be granted 16 weeks of leave for delivery and 10 weeks of leave for a miscarriage. The medical bonus (Rs 3500) is a one-time payment.
Regards,
Madhu.T.K
From India, Kannur
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My company is going to implement 26 weeks of maternity leave from 18 weeks and shall be applicable to female employees who are on maternity leave on 01-02-17. Will the employees who are in an extension of one month as per section 10 of the act be considered for the benefit? In other words, can the one-month leave as per section 10 be considered as maternity leave?
From India, Jamshedpur
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From India, Jamshedpur
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Maternity Leave and Section 10
One month leave as per Section 10 remains the same even after changing the maternity leave from 12 weeks to 26 weeks.
As of today, the change in maternity leave from 12 weeks to 26 weeks has not been notified, and the effective date is yet to come. It is true that it will be made effective very soon, but my advice is to wait for the effective date. At the same time, I appreciate that you have taken a step forward and introduced the 26 weeks leave well in advance. However, I would say that this can be cited as a precedent, and you will have to enforce the changes whenever a Bill to amend a particular provision of any Act is introduced, notwithstanding whether the proposal will be accepted or not.
Regards, Madhu.T.K
From India, Kannur
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One month leave as per Section 10 remains the same even after changing the maternity leave from 12 weeks to 26 weeks.
As of today, the change in maternity leave from 12 weeks to 26 weeks has not been notified, and the effective date is yet to come. It is true that it will be made effective very soon, but my advice is to wait for the effective date. At the same time, I appreciate that you have taken a step forward and introduced the 26 weeks leave well in advance. However, I would say that this can be cited as a precedent, and you will have to enforce the changes whenever a Bill to amend a particular provision of any Act is introduced, notwithstanding whether the proposal will be accepted or not.
Regards, Madhu.T.K
From India, Kannur
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Draft Notification dt 6-10-2016 for enhancement of Maternity Benefit to 26 weeks under ESI Act.pdf