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Dear Seniors, I just wanted to know that is there a restriction of "availing maternity leave only for upto 2 children " while in the same company?
From India, Gurgaon
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Women employees shall be entitled to Maternity Leave subject to conditions prescribed in the ESI Act or the Maternity Benefits Act, 1961, whichever is applicable, and after completion of six months of employment.

Maternity Leave Entitlement

Female employees will be eligible for 12 weeks of leave (6 weeks before delivery and 6 weeks post-delivery). This can be extended for up to one month in case of any illness arising out of pregnancy, delivery, premature birth of a child (miscarriage, medical termination of pregnancy, or tubectomy operations), for a maximum of 2 occasions during their tenure with the company.

From India, Bangalore
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PR
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No restrictions of two children. Six months service is not required. Only 80 days working during the period of 12 months under one employer is enough to get benefits under Maternity Benefit Act 1961.
From India, Thiruvananthapuram
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Dear Mr Mathew, Thanks for your inputs but the bare act says that the female should have worked for atleast 160 days prior to the date of her delivery to be eligible for maternity benefit.
From India, Gurgaon
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Mr. Banerjee, would you have the official gazette for this amendment? My boss is hell-bent on the idea that it is restricted to two childbirths in a year. I would like to prove my point by sharing the official gazette with him.
From India, Gurgaon
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I do not have that But the latest copy of the act will be on the nic server You can do a google search But I don’t think there was any provision for maternity benefit for 2 kids
From India, Mumbai
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Mr Banerjee, I think all central govt organisations follow PSU guidelines and they have capped it to 2 .
From India, Gurgaon
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For Central/State Government/PSU employees, separate rules are framed for maternity benefits, and they do not fall under the Maternity Benefits Act. For government employees, the number of days of maternity leave is 180 days, whereas it is just 84 for employees in establishments covered by the Maternity Benefits Act. Similarly, there are some 365 or 730 days of leave which can be availed at any time before the child becomes a major! These cannot be included in the Maternity Benefits Act meant for employees in the private sector, and if included, I don't think it will be feasible to run the organization with female employees. Of course, under government rules, there are restrictions regarding the number of issues, which is anyway not there in the Maternity Benefits Act.

Regards,
Madhu.T.K

From India, Kannur
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If you are talking of PSU, you should have specified that in your post. The law applicable to them is different from that applicable to private enterprises as Madhu has just pointed out.
From India, Mumbai
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