bunu_roopa
5

I think that there is a lot of confusion regarding a simple issue. Roopa, the act says minimum of 84 days should be paid leave. Corporates take it as 3 months (90 days). Further, many corporates extend the benefit to the employee further, but without pay. Extending the leave though not mandatory in the Act, the corporates provide the leave on humanitarian grounds. Trust this clarifies the confusion
regards

From India, Madras
RAKESH DUBEY ONLY
1

Please clear me during the maternity leave period aloowance is payableto employee ? like outdoor allowance,conveyance allowance. Regards Rakesh Dubey
From India, Raipur
R.N.Khola
363

Rakesh Dubey These are payable if they are part & parcel of wages payable to an woman employee. For more details you may go through section 5 of the Maternity Benefit Act, 1961. Regards, R.N.Khola
From India, Delhi
Raj Kumar Hansdah
1426

Dear prasad.sbr You have interpreted the law correctly. One can take prior-to-delivery leave from one day to six week; and the remaining after delivery. Regards.
From India, Delhi
kanu_ch
i had to take leaves due to missed abortion but my organization deducted my earned leaves for the leaves i took during this period. Can anyone suggest what i should do?
From India
bvasanthi
1

As per Maternity benefit Act,
To avail the maternity leave, a women employee has to work not less than 80 days in the TWELVE MONTHS IMMEDIATELY PRECEDING the date of her expected delivery.
In the above clause, minimum 80 days working is must. At the same time 12 months service is also compulsory?

From India, Madras
Raj Kumar Hansdah
1426

In Govt., PSUs and large corporates, an employee can be on leave (approved) for a very long period, without the threat of her services being dispensed with [as happens in certain private companies - we keep on reading posts on "Employee on long leave, what shoukld i do?"].
So if an employee is on a long leave in the previous year, she should not take undue advantage of this benevolent Act.
The clause of having worked for at least 80 days in the preceding 12 months is to ensure that the benefit goes to a regular employee.
Regards.

From India, Delhi
jes2explore
3

Hi,
I had a a miscarriage. I took a 3 days leave for my check and hospitalisation. I got back to work last week because I dint want work to get affected. Also, I wasn't aware how bad the health condition would be. However, my health demands me to take rest. I am planning to take leave for atleast 2 weeks.
As per the maternity benefit law, a women who undergoes miscarriage can avail a 6 weeks paid leave.
1. I would like to understand if all the companies provide 6 weeks leave or is there a variation in that?
2. The policies are being framed and as of today there is no maternity policy in the organisation. Does that mean that we are deprived of availing the leave?
Kindly throw light so that I can avail the leave.
Regards,
Arpita

From India, Hyderabad
satyam.hr
24

Dear Friends,
I am agree with Mr Kumar. t is not possible to avail leave under MATERNITY BENEFIT ACT exceeding 6 weeks. When you take your 6weeks of leave is really up to you. For example: you could take 2 weeks before your due date and the rest after delivery.
The 6 weeks are compulsory. However, the maximum number of days may vary according to the policy of an organisation. Some companies offer anywhere between three to six months leave. "If you have any casual leave or compensatory offs pending, you can use them during this period,"
To avail the leave and benefits, you need to submit a written notice to your employer. The notice date should start from when you are going on leave.You may give the notice before or soon after delivery. It also depends upon the company policy. Some organisations ask for a notice before you take leave.

Even if you forget to submit the notice, you can still claim the maternity benefit. "It is advisable to have it in writing. It can be used as proof in court in case of any discrepancy,"

From India, Mumbai
bunu_roopa
5

Dear Arpita,
A woman employee can avail 6 weeks of paid leave in case of mis carriage. Actually many of the organisations do not provide leave rather, do not disclose the availablity of such rule in the Act. Please raise query to your HR department with a copy of the act if available with you or pls refer the abstract of the Act displayed in your office (display is mandatory for any establishment). The organisation cannot deprive you of the leave you are entitled to.
regards

From India, Madras
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