Hello Respected Members,
I have a query. One of my employees went on maternity leave without prior intimation to HR when she was completing her second trimester. Are we liable to pay her maternity leave, or what can we do because we don't have a replacement suddenly? Is there any rule for employees to inform the employer within a specific time period during pregnancy to ensure better workflow?
Thanks
From India, New Delhi
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I have a query. One of my employees went on maternity leave without prior intimation to HR when she was completing her second trimester. Are we liable to pay her maternity leave, or what can we do because we don't have a replacement suddenly? Is there any rule for employees to inform the employer within a specific time period during pregnancy to ensure better workflow?
Thanks
From India, New Delhi
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Notice Requirement Under the MB Act
Section 6 of the MB Act stipulates that notice in writing has to be given by the employee to the employer. Sub-section 3 thereof states that "Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery." So, though the notice is necessary, it could be given even after delivery.
From India, Mumbai
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1593Section 6 of the MB Act stipulates that notice in writing has to be given by the employee to the employer. Sub-section 3 thereof states that "Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery." So, though the notice is necessary, it could be given even after delivery.
From India, Mumbai
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Yes, benefits cannot be denied just because the employee has not given advance notice in terms of Sub-sections (1) & (2) of Section 6. In this context, provisions of Sub-sections (3) & (6) repay study.
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 under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his 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.
Even otherwise, the MB Act is a social welfare legislation and its provisions are meant to be construed liberally.
From India, Kochi
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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 under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his 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.
Even otherwise, the MB Act is a social welfare legislation and its provisions are meant to be construed liberally.
From India, Kochi
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I believe that the woman employee has been in service and should have worked for at least 80 days in the 12 months preceding the expected date of delivery. Since this is one of the preconditions for availing maternity leave and you have not mentioned it, I am asking whether the employee is entitled to get maternity leave or not.
Secondly, the maximum maternity leave preceding the date of delivery is 8 weeks. Without informing the expected date of delivery, how can she just say she is on maternity leave? Did she give any 'expected date of delivery'?
Please clarify.
Also, please clarify what is the relevance of the trimester with reference to service.
From India, Kannur
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Secondly, the maximum maternity leave preceding the date of delivery is 8 weeks. Without informing the expected date of delivery, how can she just say she is on maternity leave? Did she give any 'expected date of delivery'?
Please clarify.
Also, please clarify what is the relevance of the trimester with reference to service.
From India, Kannur
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Notice of Employee Change.doc