Neha,
The members comment will help you to approach your HR to register your rights of eligibility on maternity benefits.
To that will add some more like, As per Act, a women is entitile for 12 weeks paid leave off which she will be paid 6 weeks of gross pay before proceeding on maternity leave and the rest after resume duty. So, you are entitle for 12 weeks paid leave calculated based on Gross salary only and not on basic salary.
2. An additional leave with pay upto one month if women shows proof of illness due to the pregnancy, delivery, miscarriage or premature birth.
3. Two nursing break in the course of here daily work untile the child is 15months old.
4. No discharge or dismissal while she is on maternity leave.
5. Pregnant women discharged or dismissed may still claiml maturity benefits from the employer.
wish you good luck and god bless you.
best
T. Kumar
From India, Madras
1The members comment will help you to approach your HR to register your rights of eligibility on maternity benefits.
To that will add some more like, As per Act, a women is entitile for 12 weeks paid leave off which she will be paid 6 weeks of gross pay before proceeding on maternity leave and the rest after resume duty. So, you are entitle for 12 weeks paid leave calculated based on Gross salary only and not on basic salary.
2. An additional leave with pay upto one month if women shows proof of illness due to the pregnancy, delivery, miscarriage or premature birth.
3. Two nursing break in the course of here daily work untile the child is 15months old.
4. No discharge or dismissal while she is on maternity leave.
5. Pregnant women discharged or dismissed may still claiml maturity benefits from the employer.
wish you good luck and god bless you.
best
T. Kumar
From India, Madras
hi
as per maternity benefit act 1961 employer is to bay 6 week benefit in advance if applied and well informed by employee in time.
just go through maternity benefit act 1961 below is the provision in this act to this effect
(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 the 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.
regarding your second point one is to get almost gross salary not basic wages as a maternity benefit.
regarding yours company handbook and policy no one can design policy in contrast of legal provision ie act.
rest let other senior see and comment.
From India, Hyderabad
as per maternity benefit act 1961 employer is to bay 6 week benefit in advance if applied and well informed by employee in time.
just go through maternity benefit act 1961 below is the provision in this act to this effect
(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 the 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.
regarding your second point one is to get almost gross salary not basic wages as a maternity benefit.
regarding yours company handbook and policy no one can design policy in contrast of legal provision ie act.
rest let other senior see and comment.
From India, Hyderabad
Dear Sir:
According to Bangladesh Labor Code 2006:
Every woman employed in an establishment shall be entitled to and her employer shall be liable for, the payment of maternity benefit in respect of the period of eight weeks preceding the expected day of her delivery and eight weeks immediately following the day of her delivery.
Provided that (1) a woman shall not be entitled to such maternity benefit unless she has worked under the employer, for a period of not less than six month immediately preceding the day of
her delivery.
(2) No maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children, but in that case she shall be entitled to the leave to which she would otherwise be entitled.
An employer shall pay maternity benefit to a woman entitled thereto in such one of the following ways as the woman desire, namely :
(a) for eight weeks, within three working days of the production of a certificate signed by registered medical practitioner stating that the woman is expected to be confined within eight weeks of the date of the certificate, and for the remainder of the period for which she is entitled to maternity benefit under this act within three working days of the production of proof that she
has given birth to a child; or
(b) for the said period up to and including the day of delivery, within three working days of the production of proof that she has given birth to a child, and for the remainder of the said period, within eight weeks of the production of such proof; or
(c) for the whole of the said period, within three working days of the production of proof that she has given birth to a child.
The maternity benefit which is payable under this act shall be calculated by dividing the total wages earned by the woman during the three months immediately preceding the date on which she gives notice under this act by the number of day she actually worked during the period.
Regards.
From Bangladesh
According to Bangladesh Labor Code 2006:
Every woman employed in an establishment shall be entitled to and her employer shall be liable for, the payment of maternity benefit in respect of the period of eight weeks preceding the expected day of her delivery and eight weeks immediately following the day of her delivery.
Provided that (1) a woman shall not be entitled to such maternity benefit unless she has worked under the employer, for a period of not less than six month immediately preceding the day of
her delivery.
(2) No maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children, but in that case she shall be entitled to the leave to which she would otherwise be entitled.
An employer shall pay maternity benefit to a woman entitled thereto in such one of the following ways as the woman desire, namely :
(a) for eight weeks, within three working days of the production of a certificate signed by registered medical practitioner stating that the woman is expected to be confined within eight weeks of the date of the certificate, and for the remainder of the period for which she is entitled to maternity benefit under this act within three working days of the production of proof that she
has given birth to a child; or
(b) for the said period up to and including the day of delivery, within three working days of the production of proof that she has given birth to a child, and for the remainder of the said period, within eight weeks of the production of such proof; or
(c) for the whole of the said period, within three working days of the production of proof that she has given birth to a child.
The maternity benefit which is payable under this act shall be calculated by dividing the total wages earned by the woman during the three months immediately preceding the date on which she gives notice under this act by the number of day she actually worked during the period.
Regards.
From Bangladesh
Hello All,
Thanks for your valuable suggestions and guidance..
I have applied for the leave and asked them for the maternity benefits before more then 2 weeks.
But they didn't give me any reply.
I am not getting what to do?
--Neha
From India, Pune
Thanks for your valuable suggestions and guidance..
I have applied for the leave and asked them for the maternity benefits before more then 2 weeks.
But they didn't give me any reply.
I am not getting what to do?
--Neha
From India, Pune
- Submit another letter / application giving reference of your earlier application/letter.
- State in this letter that, I have not got any oral or written response to my earlier letter from you. I am assuming that, my claim of maternity leave and benefits as per the provisions of Maternity Benefits Act is accepted, since nothing is communicated to the contrary. Thanks.
From India, Pune
Dear Neha,
Just issue a reminder in a humble way to the management by clearly indicating that in the absence of response from the management, the maternity leave would be deemed to have been granted under the provisions of Maternity Benefits Act and you would proceed on leave from the date already notified to the management. Also ask for the acknowledgement of your earlier application as well as your reminder. But don't forget to attach a copy of your earlier original application, so that the management may not pretend that your application was not received from you. Deliver your reminder with attachment under receipt at the receipt and despatch counter or by Registered or Speed Post.
From India, Delhi
Just issue a reminder in a humble way to the management by clearly indicating that in the absence of response from the management, the maternity leave would be deemed to have been granted under the provisions of Maternity Benefits Act and you would proceed on leave from the date already notified to the management. Also ask for the acknowledgement of your earlier application as well as your reminder. But don't forget to attach a copy of your earlier original application, so that the management may not pretend that your application was not received from you. Deliver your reminder with attachment under receipt at the receipt and despatch counter or by Registered or Speed Post.
From India, Delhi
Today I have talked with management. They are saying that I have to take the leave before 6 week of delivery date. Is it so? Please guide me. — Neha
From India, Pune
From India, Pune
- Total maternity benefit available under the act is 12 weeks, i.e. 6 weeks before delivery and 6 weeks after delivery.
- But as held by many court rulings, it is not necessary that it has to be divided strictly between 6 weeks before and 6 weeks after delivery. One can not claim benefits for more than 6 weeks before delivery but in case benefit claimed before delivery is less than 6 weeks then same can be availed after delivery. Total benefit will be 12 weeks.
- In short there could be 2 weeks leave before delivery and hence 10 weeks leave after delivery making it total 12 weeks.
From India, Pune
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf