yogesh.suryarao@edicon.co.in
1

Please explain Procedure of Maternity Benefit.
From India, Mumbai
sunielmudgil
22

Yogesh,

Under the Maternity Benefits Act, a women employee is entitled to maternity benefits at the rate of her average daily wage for the period of her absence, for a maximum period of 26 weeks, earlier it was 12 weeks).

According to the Maternity Benefits Act, a women employee is required to give her employer notice in writing, containing medical practitioner prescription, asking for the maternity leave and its benefit. She need to inform the employer before delivery and after delivery with proof.

Some features of amended maternity Benefit Act -

Increased Paid Maternity Leave:

The amendment Act has increased the duration of paid maternity leave available for women employees from existing 12 weeks to 26 weeks. Under the amendment Act, this benefit could be availed by women for a period extending up to 8 weeks before the expected delivery date and remaining 18 weeks can be availed post delivery. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).

Maternity leave for adoptive and commissioning mothers:

The amendment Act extends certain benefits to adoptive mothers as well and provides that every woman who adopts a child shall be entitled to 12 weeks of maternity leave, from the date of such adoption.

Work from Home

The Amendment Act has also introduced an enabling provision relating to "work from home" for women, which may be exercised after the expiry of the 26 weeks' leave period. Depending upon the nature of work, women employees may be able to avail this benefit on terms that are "mutually agreed" with the employer.

Creche facility:

The amendment Act makes creche facility mandatory for every establishment employing 50 or more employees. Women employees would be permitted to visit the creche 4 times during the day.

Employee awareness:

The Amendment Act makes it mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment.

Note -

The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery.

for further or any legal clarification you can call/mail me.


sunielmudgil
22

what procedure? pls explain............................
According to the Maternity Benefits Act, a women employee is required to give her employer notice in writing, containing medical practitioner prescription, asking for the maternity leave and its benefit. She need to inform the employer before delivery and after delivery with proof.


yogesh.suryarao@edicon.co.in
1

Thanks a lot sir,but what is the role of employer after giving notice of maternity.
From India, Mumbai
sunielmudgil
22

to grant maternity leave and its benefits as per the Act and in accordance to company’s HR policy

yogesh.suryarao@edicon.co.in
1

Thanks for reply but which form to be submitted to competent authority?
From India, Mumbai
chirag0006
22

Dear All,

I do have one question regarding maternity benefit act .

As per new notification, The amendment Act has increased the duration of paid maternity leave available for women employees from existing 12 weeks to 26 weeks. Under the amendment Act, this benefit could be availed by women for a period extending up to 8 weeks before the expected delivery date and remaining 18 weeks can be availed post delivery.

For example one women employees went on leave on 01/03/2017 and delivery done on 24/03/2017. Now we had informed her to join after 18 weeks on leave period but she said that please do adjustment of before delivery pending weeks. As per earlier situation she has taken 03 weeks of benefit only so now 05 weeks leave required.

As per received notification women employee take 18 weeks leave benefit after delivery only. So cant give more leave benefit only.

I request you to give solution as per maternity benefit act.

From India, Mumbai
sunielmudgil
22

female employee, who wants maternity leave, will apply for maternity leave/benefits by making a written application to the employer and employer will accept and allow the same.
i want to know your designation in the company and relevancy of your concern with the present query?


chirag0006
22

Dear Mr. Suneel,
Thanks for your quick response.
One female employee asking for adjustment of before delivery pending weeks leaves. For the same i had raised the query so that take necessary step.
As per notification 08 weeks before delivery & 18 weeks after delivery but in her case 03 weeks before delivery and 18 weeks after delivery.
So can we adjust pending 05 weeks leave period which she had not taken due to earlier situation.
My designation Sr. Executive.

From India, Mumbai
chirag0006
22

Went on leave from 01/03/2017 Actual date of delivery 24/03/2017 18 weeks will complete on 18/07/2017
From India, Mumbai
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