Dear Friends, I am enclosing "Maternity Leave Policy" for the benefit of members.
From India, Delhi
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10From India, Delhi
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Good effort by Mr. Opalakrishna. I have some points to note.
Maternity leave can be availed in full (12 weeks) after the delivery also. The only thing is that she cannot take more than 6 weeks of leave before the expected date of delivery. In the Maternity Benefit Act, there is a provision for 6 weeks of leave for miscarriage.
Good luck,
Madhu.T.K
From India, Kannur
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Maternity leave can be availed in full (12 weeks) after the delivery also. The only thing is that she cannot take more than 6 weeks of leave before the expected date of delivery. In the Maternity Benefit Act, there is a provision for 6 weeks of leave for miscarriage.
Good luck,
Madhu.T.K
From India, Kannur
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Hello All, Would anybody know of organizations in India giving more than 12 weeks Maternity Leave? I am looking for some employee friendly policies. Regards,
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-The Maternity Benefit Act, 1961 in India mandates 26 weeks of maternity leave for eligible employees, which is more than 12 weeks. Some organizations may have even more generous policies. (1 Acknowledge point)
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great work. if you can inform about the 'forms' which are legally required by the company to submit/maintain, it would be more BENEFICIAL like 'muster roll 'a' etc.
From India, Delhi
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From India, Delhi
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as per the government gazette now the maternity leave is extended to 180 days is it true if it is so kindly let me know where i could get the notification print out thanks
From India, Mangaluru
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From India, Mangaluru
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(Fact Checked)-The maternity leave duration has been extended to 26 weeks (182 days) as per the Maternity Benefit (Amendment) Act, 2017. The notification can be found on the official Gazette of India website. (1 Acknowledge point)
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Dear Madhu Sir, As per the attachment the eligibilty period is 180 days. The link given by Raghunath shows 80 days. Please confirm whether it is 80 days or 180 days ? Thanks & Regards, Jeene
From India, Bangalore
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From India, Bangalore
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In order to be eligible for maternity benefits under the Maternity Benefits Act, the woman employee should have worked for at least 80 days during the 12 months immediately preceding the expected date of delivery. If it is written as 180, it is an error.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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(Fact Checked)-The user reply is correct as per the Maternity Benefits Act, where the woman employee needs to have worked for at least 80 days in the 12 months preceding the expected date of delivery. (1 Acknowledge point)
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For Government employees the Service Rules of the respective state (Rajastan) and not the Maternity Benefit Act will be applicable. Regards, Madhu.T.K
From India, Kannur
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From India, Kannur
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Dear asnanigee,
When you say "Can I join at the new place of posting," it implies "working" on that day, at least because although in practice, a new joinee does no work on the day of joining, she is definitely treated as "ON DUTY."
Hence, my suggestion is that you avail of the maternity leave benefit in full without any worry about our job. You are neither being compelled to join, nor can you be compelled to join the new place of posting immediately. So why the undue rush to join? In any case, the reporting officer will not accept your joining until you complete your maternity leave tenure.
Your job shall be kept safe at the new place of posting with the remarks, "On maternity leave."
Warm regards.
From India, Delhi
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When you say "Can I join at the new place of posting," it implies "working" on that day, at least because although in practice, a new joinee does no work on the day of joining, she is definitely treated as "ON DUTY."
Hence, my suggestion is that you avail of the maternity leave benefit in full without any worry about our job. You are neither being compelled to join, nor can you be compelled to join the new place of posting immediately. So why the undue rush to join? In any case, the reporting officer will not accept your joining until you complete your maternity leave tenure.
Your job shall be kept safe at the new place of posting with the remarks, "On maternity leave."
Warm regards.
From India, Delhi
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Dear Member,
We have not noticed any change in the period of maternity benefit (leave) under the Maternity Benefit Act, 1961. 180 days of maternity leave may be available to government female employees.
Regards,
R.N.Khola
[Umesh_hnju;1265075]: As per the government gazette, the maternity leave is now extended to 180 days. If this is true, kindly let me know where I could get the notification printout. Thank you.
From India, Delhi
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We have not noticed any change in the period of maternity benefit (leave) under the Maternity Benefit Act, 1961. 180 days of maternity leave may be available to government female employees.
Regards,
R.N.Khola
[Umesh_hnju;1265075]: As per the government gazette, the maternity leave is now extended to 180 days. If this is true, kindly let me know where I could get the notification printout. Thank you.
From India, Delhi
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As per Section 11:
Nursing breaks. Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.
Please help with the "prescribed duration" for the same.
From India, Gurgaon
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Nursing breaks. Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.
Please help with the "prescribed duration" for the same.
From India, Gurgaon
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Please help; even I have read about the nursing break twice a day until fifteen months. However, a woman doesn't bring her child to the workplace, and it is not necessary that she works close to her residence. So how do we give the break? A resting break is understandable, but how does a nursing break help?
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-[response] As per Section 11 of the Maternity Benefit Act, nursing breaks are to be provided for women returning to work after childbirth. The prescribed duration for nursing breaks is not specified in the Act, allowing flexibility as needed. (1 Acknowledge point)
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Dear Member,
Prescribed duration is provided by the applicable Rules. According to Rule 7 of Haryana Maternity Benefit Rules, 1967 we are to allow two breaks for nursing the child. Rule 7 may be read as under.
7. Break for nursing child - (1) Each of two breaks mentioned in section 11 shall be of 20 minutes duration.
Provided that in case the crèche or place where children are left by women while on duty is not in the vicinity of the place of work a period up to 15 minutes more may be allowed for the purpose of journey to and from crèche or the place.
R.N.KHOLA
(LL&IR)
Welcome Skylark Associates
*Also Sr. V. P., Labour Law Advisers Association, Gurgaon.
From India, Delhi
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Prescribed duration is provided by the applicable Rules. According to Rule 7 of Haryana Maternity Benefit Rules, 1967 we are to allow two breaks for nursing the child. Rule 7 may be read as under.
7. Break for nursing child - (1) Each of two breaks mentioned in section 11 shall be of 20 minutes duration.
Provided that in case the crèche or place where children are left by women while on duty is not in the vicinity of the place of work a period up to 15 minutes more may be allowed for the purpose of journey to and from crèche or the place.
R.N.KHOLA
(LL&IR)
Welcome Skylark Associates
*Also Sr. V. P., Labour Law Advisers Association, Gurgaon.
From India, Delhi
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(Fact Checked)-[The user's reply is correct based on Section 11 of the Maternity Benefit Act, 1961, where it specifies that every woman returning to work after delivery is entitled to two breaks of prescribed duration for nursing the child until the child is fifteen months old.] (1 Acknowledge point)
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Hi,
My due date is December 7th, 2013, and I am planning to take maternity leave for 6 months from the end of September to the end of March. Am I eligible for maternity leave, or can my employer deny it because I am taking leave prior to 6 weeks from my due date? Please advise. I am eligible as per the 80-day rule within 1 year of the expected due date.
From India, Mumbai
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My due date is December 7th, 2013, and I am planning to take maternity leave for 6 months from the end of September to the end of March. Am I eligible for maternity leave, or can my employer deny it because I am taking leave prior to 6 weeks from my due date? Please advise. I am eligible as per the 80-day rule within 1 year of the expected due date.
From India, Mumbai
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Dear Suriya, Whether you have given these comments on its usefulness after going through The Maternity Benefit Act, 1961 ? Regards, R.N.Khola (Labour Law & Legal Consultants) 09810405361
From India, Delhi
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From India, Delhi
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In an IT company, how much leave can an employee avail under the Maternity Benefit Act? My second question is, how much leave does the Maternity Act provide in the case of a miscarriage, and how many leaves will an employee get in such a situation?
From India, Pune
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From India, Pune
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(Fact Checked)-The Maternity Benefit Act allows a woman in an IT company to avail 26 weeks of maternity leave. In the case of a miscarriage, she is entitled to 6 weeks of leave. (1 Acknowledge point)
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What is special in IT companies? There is no privilege given to IT companies as far as labor laws are concerned. Therefore, employees in IT companies will get the same 84 days of maternity leave or 42 days of leave for a miscarriage.
The post is very old, and there has been no discussion about the proposal to increase the maternity leave days. However, the announcement is still in the form of a proposal.
Madhu.T.K
From India, Kannur
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The post is very old, and there has been no discussion about the proposal to increase the maternity leave days. However, the announcement is still in the form of a proposal.
Madhu.T.K
From India, Kannur
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1. Sir, as far as I understand, the Maternity Amendment Bill was passed by the Rajya Sabha in the last session, and now it is required to be debated and passed by the Lok Sabha. I think it is expected to be taken up in the next session of the Lok Sabha (if political parties agree and parliamentary business proceeds smoothly).
2. Under the ESI Act, 1948, the appropriate government is empowered to make changes regarding the duration of Maternity Benefits. I believe the government in question has already issued an intention/draft notification on 06/10/2016, inviting the opinions and views of the affected parties.
From India, Noida
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2. Under the ESI Act, 1948, the appropriate government is empowered to make changes regarding the duration of Maternity Benefits. I believe the government in question has already issued an intention/draft notification on 06/10/2016, inviting the opinions and views of the affected parties.
From India, Noida
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A female employee has joined the ESIC scheme in April '16 and she had her delivery in Nov. '16. She didn't receive the salary for maternity leave benefits under the ESIC scheme due to the lack of a minimum period of association with ESIC.
In this case, I would like to know if the employer is liable to pay the full amount of salary for her 12 weeks of maternity leave, even though she is covered under the scheme.
From India, Cochin
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In this case, I would like to know if the employer is liable to pay the full amount of salary for her 12 weeks of maternity leave, even though she is covered under the scheme.
From India, Cochin
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(Fact Checked)-The employer is liable to pay the full amount of salary for the 12 weeks of maternity leave under the Maternity Benefit Act, even if the employee is covered under the ESIC scheme. (1 Acknowledge point)
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Yes, when she is short of working days as per ESI schemes, she will have to be paid maternity benefit under the Maternity Benefit Act by the employer provided she had worked for 80 days during a period of 12 months immediately preceding the date of delivery.
Here, the dispute is not with regard to working for 70 days, but with regard to the qualifying phrase "during a period of 12 months." There can be an interpretation that she should have a service of at least 12 months and during this 12 months, she should have worked for 80 (paid) days. As such, the same steps taken by the ESIC on maternity benefit, that is, there should be at least 78 days contribution during two consecutive contribution periods, i.e., one year in order to be eligible for maternity benefit, shall be taken by the employer also. Otherwise, what is the meaning of "12 months" as a qualifying period?
Madhu.T.K
From India, Kannur
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Here, the dispute is not with regard to working for 70 days, but with regard to the qualifying phrase "during a period of 12 months." There can be an interpretation that she should have a service of at least 12 months and during this 12 months, she should have worked for 80 (paid) days. As such, the same steps taken by the ESIC on maternity benefit, that is, there should be at least 78 days contribution during two consecutive contribution periods, i.e., one year in order to be eligible for maternity benefit, shall be taken by the employer also. Otherwise, what is the meaning of "12 months" as a qualifying period?
Madhu.T.K
From India, Kannur
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(Fact Checked)-The user reply is correct based on the Maternity Benefit Act, which requires 80 days of work in the 12 months preceding delivery to qualify for maternity benefits. No amendments needed. (1 Acknowledge point)
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Dear Folks,
I need your views on the below-mentioned details:
1. If the employee is entitled to maternity benefits, do we have to pay PF or not?
2. How can the employee avail of maternity leave? Is it before a few months of maternity or after maternity? Are there any specific rules for this?
Please clarify.
Kowshik
8939805220
From India, Chennai
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I need your views on the below-mentioned details:
1. If the employee is entitled to maternity benefits, do we have to pay PF or not?
2. How can the employee avail of maternity leave? Is it before a few months of maternity or after maternity? Are there any specific rules for this?
Please clarify.
Kowshik
8939805220
From India, Chennai
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(Fact Checked)-The employer is required to pay PF during maternity leave. Maternity leave can be taken before or after childbirth. Consult the Maternity Benefit Act for details. (1 Acknowledge point)
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When we pay salary, we should contribute to PF as well. It is immaterial whether the employee is on earned leave, casual leave, or any other leave, including maternity leave.
With the amendment extending maternity leave to 26 weeks, the leave preceding the date of delivery is now 8 weeks. Therefore, the maximum leave permissible before childbirth is 8 weeks out of the total 26 weeks of maternity leave. It is important to note that a woman employee can take the entire 26 weeks of leave after delivery as well.
Madhu.T.K
From India, Kannur
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With the amendment extending maternity leave to 26 weeks, the leave preceding the date of delivery is now 8 weeks. Therefore, the maximum leave permissible before childbirth is 8 weeks out of the total 26 weeks of maternity leave. It is important to note that a woman employee can take the entire 26 weeks of leave after delivery as well.
Madhu.T.K
From India, Kannur
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(Fact Checked)-The information provided in the user reply is correct regarding PF contribution during maternity leave and the duration of maternity leave before and after childbirth. (1 Acknowledge point)
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Hi All, Does the company needs to have a maternity policy in place or else the maternity act shall only suffice. Please guide.
From India, Bangalore
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From India, Bangalore
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(Fact Checked)-The company must have a maternity policy in place in compliance with the Maternity Benefit Act. The Act sets minimum standards; a policy can enhance benefits. (1 Acknowledge point)
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Dear member,
I believe there is no statutory law that forces any company or establishment to formulate its Maternity policy separately. A company, as far as I understand, may choose to formulate it at their own discretion.
The Maternity Benefit Act, 1961, or the ESI Act, 1948, is applicable due to their status as statutory Acts. Non-compliance with these Acts can result in penalties, including interests and damages, which may also be levied for delayed payments regarding contributions under the ESI Act.
If a Maternity policy is formulated by the company/employer and if it violates any statutory provisions of Acts or any laws in force, including those mentioned above, the policy will be void ab initio.
From India, Noida
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I believe there is no statutory law that forces any company or establishment to formulate its Maternity policy separately. A company, as far as I understand, may choose to formulate it at their own discretion.
The Maternity Benefit Act, 1961, or the ESI Act, 1948, is applicable due to their status as statutory Acts. Non-compliance with these Acts can result in penalties, including interests and damages, which may also be levied for delayed payments regarding contributions under the ESI Act.
If a Maternity policy is formulated by the company/employer and if it violates any statutory provisions of Acts or any laws in force, including those mentioned above, the policy will be void ab initio.
From India, Noida
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i want to know whether probation period gets extended after taking maternity leave. kindly tell.
From India
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From India
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(Fact Checked)-The probation period cannot be extended due to maternity leave as per Indian law. Maternity leave is a statutory right and cannot affect job status. (1 Acknowledge point)
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It depends on the job and the company policy. Normally, probation is the period required for an employee to learn the various aspects of the job. Depending on the nature of the job, probation can be for 6 months, one year, or even two or three years. Various court rulings support that a probationer will become a confirmed employee only when confirmed in writing. Until that communication reaches him, he will continue to be a probationer. An employer has the right to extend probation if not satisfied with the employee's performance. Additionally, the period of leave is not just a few days but is 26 weeks. Therefore, there is nothing wrong in extending the probation of an employee who takes maternity leave and is on leave for 26 weeks.
From India, Kannur
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From India, Kannur
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(Fact Checked)-The information provided is correct, highlighting the probation period, extension rights, and maternity leave duration in relation to employment. Well done! (1 Acknowledge point)
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Dear Mr. Madhu Does the same rule on maternity leave apply for employees of NGO. Please clarify
From India, Hyderabad
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From India, Hyderabad
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(Fact Checked)-The Maternity Benefit Act applies to all establishments, including NGOs with 10 or more employees. Maternity benefits must be provided as per the Act. (1 Acknowledge point)
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It applies to all factories (irrespective of the number of workers employed) and shops and commercial establishments employing 10 or more employees (need not necessarily be 10 or more women employees but it can be 9 men and just one woman).
In order to know whether your NGO will fall under the definition of a commercial establishment, you have to consider the activities you engage in. Check whether you conduct any business activities that generate income and whether your employees are paid salaries with PF and ESI coverage, etc.
From India, Kannur
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In order to know whether your NGO will fall under the definition of a commercial establishment, you have to consider the activities you engage in. Check whether you conduct any business activities that generate income and whether your employees are paid salaries with PF and ESI coverage, etc.
From India, Kannur
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(Fact Checked)-The information provided in the user reply is correct regarding the applicability of the Maternity Leave Policy to factories and commercial establishments. It is not solely dependent on the number of women employees. The criteria involve the total number of employees regardless of gender. Thank you for the detailed explanation. (1 Acknowledge point)
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Need to know what is the notice period employee has to serve after maternity
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-The notice period after maternity leave is typically governed by the organization's policies and applicable labor laws. It's crucial to refer to the employment contract or company handbook for specific details. (1 Acknowledge point)
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The same as mentioned in the appointment order! Why this doubt?
From India, Kannur
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From India, Kannur
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(Fact Checked)-The Maternity Leave Policy should not be assumed to be the same as in the appointment order. They are separate documents outlining different aspects of employment rights. (1 Acknowledge point)
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In Maternity leave salary will be paid full or not please provide the salary rules of full paid
From India, Bengaluru
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From India, Bengaluru
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(Fact Checked)-The Maternity Benefit Act mandates that women are entitled to full pay during maternity leave. Employers must pay the full salary during this period. (1 Acknowledge point)
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During the maternity leave period, the employee should be paid full wages, which means the same salary she was receiving just before proceeding on leave.
Please note that the post is very old, and by the time the provisions relating to the number of days of leave and a few other aspects have changed.
From India, Kannur
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Please note that the post is very old, and by the time the provisions relating to the number of days of leave and a few other aspects have changed.
From India, Kannur
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Before Applying For Maternity Leave my salary is 16500 take home I Got Salary Increment On 8months which is 25k gross salary. Now Can I Get Maternity Benifits?
From India, Hyderabad
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From India, Hyderabad
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Salary has nothing to do with maternity benefits, but it is available to all women employees who meet the prescribed service conditions. The only requirement is that an employee whose salary is Rs 16,500 should be under the ESI scheme. Therefore, the ESI Corporation, and not the employer, will provide her with maternity leave and other benefits.
From India, Kannur
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From India, Kannur
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Right to payment of maternity benefits.doc
CiteHR.AI
(Fact Checked)-[The information provided in the user reply is correct based on the Maternity Benefit Act. Maternity leave can be taken in full (12 weeks) after delivery, with up to 6 weeks before the expected date of delivery. Additionally, the Act does have provisions for 6 weeks of leave in case of a miscarriage.] (1 Acknowledge point)