Hi All,
I have a query: For availing maternity leave, does a female employee need to work for 80 days or 180 days in an organization? Some sources mention 80 days, while others mention 180 days. Which one is the correct duration? Please reply.
From India, Mumbai
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3I have a query: For availing maternity leave, does a female employee need to work for 80 days or 180 days in an organization? Some sources mention 80 days, while others mention 180 days. Which one is the correct duration? Please reply.
From India, Mumbai
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Dear Member An employee should have worked for minimum 80 days in the preceding 12 months ... regards, Aparna
From India, Mumbai
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From India, Mumbai
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Hello Dear HR The female staff who has worked at least eighty (80) days in Twelve Months preceding the date of her delivery is eligible for the maternity leaves.
From India, Pune
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From India, Pune
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Hi Sunshine, It was 160 days earlier but w.e.f. 10-Jan-1989 vide amendement act no. 61 of 1988 the said number 160 is changed to 80 days. CS Mukesh TANK
From India, Mumbai
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From India, Mumbai
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I want to know, if a woman has been working in a company for one year and she wants maternity leave plus one month of extra leave. Suppose the management approves her leave, and she intends to return to work after her maternity leave. However, if the management does not want her to rejoin, what should she do?
From India, Kolhapur
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From India, Kolhapur
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Hi,
You wrote - If the leaves were sanctioned by the authorities in a proper manner, then she can file a case against the company. There is a hundred percent chance of winning the case as it is illegal to not allow a female employee to return to the company after her maternity leave.
Regards, Archna
From India, Delhi
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You wrote - If the leaves were sanctioned by the authorities in a proper manner, then she can file a case against the company. There is a hundred percent chance of winning the case as it is illegal to not allow a female employee to return to the company after her maternity leave.
Regards, Archna
From India, Delhi
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Dear Mr. Manohar Kadam,
A small correction in your statement: the Maternity Benefit Act does not indicate that women should be married to claim maternity benefits. Therefore, any woman who has fulfilled the eligibility criteria can claim maternity benefits.
M.V. Kannan
From India, Madras
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A small correction in your statement: the Maternity Benefit Act does not indicate that women should be married to claim maternity benefits. Therefore, any woman who has fulfilled the eligibility criteria can claim maternity benefits.
M.V. Kannan
From India, Madras
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Dear Member,
Women indulging temporarily if unmarried are eligible for maternity benefits when she are expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.
Regards,
Sandeep
From India, Bangalore
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Women indulging temporarily if unmarried are eligible for maternity benefits when she are expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.
Regards,
Sandeep
From India, Bangalore
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Hi Friends,
What if the woman has not worked for 12 months but has completed 80 days? And what if the woman has not worked for 12 months and also has not completed 80 days? 80 days is 2 months and 20 days. Suppose we recruit a woman employee, and she has not completed even 80 days and claims for maternity benefits. Can we give her the benefits? As per my understanding, NO. This means that the employer must be careful at the time of appointing female employees.
But please discuss the case in which a woman works for 80 days but has not completed 12 months.
Regards, CS Mukesh TANK
From India, Mumbai
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What if the woman has not worked for 12 months but has completed 80 days? And what if the woman has not worked for 12 months and also has not completed 80 days? 80 days is 2 months and 20 days. Suppose we recruit a woman employee, and she has not completed even 80 days and claims for maternity benefits. Can we give her the benefits? As per my understanding, NO. This means that the employer must be careful at the time of appointing female employees.
But please discuss the case in which a woman works for 80 days but has not completed 12 months.
Regards, CS Mukesh TANK
From India, Mumbai
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I am in agreement with the statement of Mr. Mukesh Tank. However to supplement his views, it is for your information that the said provision of even the minimum limit of 80 days is not applicable on a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Extract of the amended Section 5(2) of the Act is reproduced below for the general guidance of one and all.
Extract of Sec. 5(2) of the Maternity Benefit Act 1961, as amended vide The Maternity Benefit (Amendment) Act, 1988 (61 of 1988 )
No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [eighty days]1 in the twelve months immediately preceding the date of her expected delivery:
Provided that the qualifying period of [eighty days]2 aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment 1[the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
Details of Amendment
1 Subs. by Act 61 of 1988, Section 4, for “one hundred and sixty days” (w.e.f. 10-1-1989)
2 Subs. by Act 61 of 1988, Section 4, for “one hundred and sixty days” (w.e.f. 10-1-1989)
The Amended Act of 1961 is also attached below for the general guidance of all.
From India, Delhi
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Extract of the amended Section 5(2) of the Act is reproduced below for the general guidance of one and all.
Extract of Sec. 5(2) of the Maternity Benefit Act 1961, as amended vide The Maternity Benefit (Amendment) Act, 1988 (61 of 1988 )
No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [eighty days]1 in the twelve months immediately preceding the date of her expected delivery:
Provided that the qualifying period of [eighty days]2 aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment 1[the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
Details of Amendment
1 Subs. by Act 61 of 1988, Section 4, for “one hundred and sixty days” (w.e.f. 10-1-1989)
2 Subs. by Act 61 of 1988, Section 4, for “one hundred and sixty days” (w.e.f. 10-1-1989)
The Amended Act of 1961 is also attached below for the general guidance of all.
From India, Delhi
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As per the Act, a woman shall be entitled to maternity leave if she has actually worked for not less than 80 days in the 12 months immediately preceding the date of her expected delivery. Hence, she need not work for 12 months. The 12-month period should be worked out backwards from the expected date of delivery. In other words, if a woman with 7 months of pregnancy joins an organization and after working for 80 days, applies for maternity leave, she should be granted the leave; otherwise, you will be violating the Act.
Kanna Vijaya Kumar
From India, Secunderabad
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Kanna Vijaya Kumar
From India, Secunderabad
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Hi Friends,
The provision of fewer days is only for the women of Assam. My question is, if a female employee has not completed 12 months but has completed 80 days, will she be qualified for maternity benefits? This situation is likely to occur, and I am sure many of our friends must have come across such a scenario. Request to please update us on this issue.
Regards,
CS Mukesh TANK
From India, Mumbai
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The provision of fewer days is only for the women of Assam. My question is, if a female employee has not completed 12 months but has completed 80 days, will she be qualified for maternity benefits? This situation is likely to occur, and I am sure many of our friends must have come across such a scenario. Request to please update us on this issue.
Regards,
CS Mukesh TANK
From India, Mumbai
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Hi Neha,
Please let me know how 80 days are calculated.
1. Do they include weekends (Saturday & Sunday)?
2. Do they include company holidays (Holi, Diwali, etc.)?
3. Do they include company paid leaves (Casual Leaves, Medical leaves, etc.)?
Please also provide the link for the amendment or act where this is clearly specified, as my HR is not sure about policies in India and is considering 80 days as approximately 4 months. I might not be eligible for maternity benefits in that case, so I urgently need clear information on this.
Thanks & Regards,
Neha
From India, Hyderabad
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Please let me know how 80 days are calculated.
1. Do they include weekends (Saturday & Sunday)?
2. Do they include company holidays (Holi, Diwali, etc.)?
3. Do they include company paid leaves (Casual Leaves, Medical leaves, etc.)?
Please also provide the link for the amendment or act where this is clearly specified, as my HR is not sure about policies in India and is considering 80 days as approximately 4 months. I might not be eligible for maternity benefits in that case, so I urgently need clear information on this.
Thanks & Regards,
Neha
From India, Hyderabad
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Dear Taru,
You simply need to link the number of days to the salary becoming due and paid to the employee. If he/she is eligible to draw a salary for the Saturdays/Sundays, holidays, casual leave, and medical leave periods, all those are counted as the number of days the employee worked in an organization.
From India, Delhi
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You simply need to link the number of days to the salary becoming due and paid to the employee. If he/she is eligible to draw a salary for the Saturdays/Sundays, holidays, casual leave, and medical leave periods, all those are counted as the number of days the employee worked in an organization.
From India, Delhi
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Hi Neha,
Thank you for reaching out. Your HR department is stating that if you take your Casual Leaves before maternity leave, it will be considered as part of your maternity leave. Is there any legislation or regulation I can provide to her to support my position? In our office, we do not have specific Medical Leaves, but I am entitled to 7 Casual Leaves (paid) prior to commencing my maternity leave. My 80 days will be fulfilled on April 15th, and my due date is May 8th. However, due to not feeling well and uncertainty about my ability to continue working, I am considering taking leave as soon as possible.
I am contemplating utilizing at least 5 days of Casual Leave from April 11th to 15th and then transitioning to my maternity leave starting on April 18th (Monday). This plan will ensure that I complete my 80 days and have a week to rest before officially beginning my maternity leave. I appreciate your guidance on this matter.
Best Regards,
Neha
From India, Hyderabad
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Thank you for reaching out. Your HR department is stating that if you take your Casual Leaves before maternity leave, it will be considered as part of your maternity leave. Is there any legislation or regulation I can provide to her to support my position? In our office, we do not have specific Medical Leaves, but I am entitled to 7 Casual Leaves (paid) prior to commencing my maternity leave. My 80 days will be fulfilled on April 15th, and my due date is May 8th. However, due to not feeling well and uncertainty about my ability to continue working, I am considering taking leave as soon as possible.
I am contemplating utilizing at least 5 days of Casual Leave from April 11th to 15th and then transitioning to my maternity leave starting on April 18th (Monday). This plan will ensure that I complete my 80 days and have a week to rest before officially beginning my maternity leave. I appreciate your guidance on this matter.
Best Regards,
Neha
From India, Hyderabad
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Dear Neha,
The ruling position states that casual leave cannot be prefixed or suffixed with any kind of regular leave. Therefore, if C/L is taken and any other type of regular leave immediately follows the expiry of C/L, then in that scenario, C/L is considered part of the subsequent regular leave. However, if even a single day's duty is followed by C/L and any other type of leave is taken after the duty, then C/L cannot be considered part of that subsequent leave.
Therefore, you may need to plan your C/L in a way that allows you to attend your duties for at least one or two days before the commencement of your maternity leave. By doing so, C/L will be distinct from your maternity leave and will not be included as part of your maternity leave.
Best Regards,
PS Dhingra
CEO cum Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
09968076381
dcgroup1962@gmail.com
From India, Delhi
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The ruling position states that casual leave cannot be prefixed or suffixed with any kind of regular leave. Therefore, if C/L is taken and any other type of regular leave immediately follows the expiry of C/L, then in that scenario, C/L is considered part of the subsequent regular leave. However, if even a single day's duty is followed by C/L and any other type of leave is taken after the duty, then C/L cannot be considered part of that subsequent leave.
Therefore, you may need to plan your C/L in a way that allows you to attend your duties for at least one or two days before the commencement of your maternity leave. By doing so, C/L will be distinct from your maternity leave and will not be included as part of your maternity leave.
Best Regards,
PS Dhingra
CEO cum Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
09968076381
dcgroup1962@gmail.com
From India, Delhi
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Respected Sir,
I have one more doubt. My previous company laid me off during pregnancy (in the 4th month) and didn't give me any maternity benefits. Can I do something to claim the benefits from them? I found the following in the Maternity Benefit Act 1961:
(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus. Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which the order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed. The decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed, shall be final.
Please let me know if this rule is still applicable and which authority I need to contact for this in Hyderabad.
Thanks in Advance,
Best Regards,
Neha
From India, Hyderabad
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I have one more doubt. My previous company laid me off during pregnancy (in the 4th month) and didn't give me any maternity benefits. Can I do something to claim the benefits from them? I found the following in the Maternity Benefit Act 1961:
(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus. Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which the order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed. The decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed, shall be final.
Please let me know if this rule is still applicable and which authority I need to contact for this in Hyderabad.
Thanks in Advance,
Best Regards,
Neha
From India, Hyderabad
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Respected Sir,
For calculating 80 days, few companies are including Sat/Sun, but few are not. Is this discrimination allowed by the Indian government? Not very sure, but they should have a clear mention of this, and this policy should be the same for all companies in India. Otherwise, UK & US based companies are taking full advantage of this to exploit people in India. They can easily show that they are paying only for weekdays and increase the minimum days for Maternity benefit eligibility.
Thanks & Regards,
Neha
From India, Hyderabad
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For calculating 80 days, few companies are including Sat/Sun, but few are not. Is this discrimination allowed by the Indian government? Not very sure, but they should have a clear mention of this, and this policy should be the same for all companies in India. Otherwise, UK & US based companies are taking full advantage of this to exploit people in India. They can easily show that they are paying only for weekdays and increase the minimum days for Maternity benefit eligibility.
Thanks & Regards,
Neha
From India, Hyderabad
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Our employees work Monday to Friday. Should the 80 days include weekends, or should the 80 days only be based on Monday to Friday? I want to ensure we comply with the law regarding maternity benefits for an employee who is due to go off but may not complete 80 days before going off work.
I know good practice would be to pay the employee anyway if possible, and this is something I would discuss with the managers. However, I want to be clear that we are correct with the law and cannot get a definite answer on whether the 80 days worked should include weekends or not.
Thank you
From United Kingdom, London
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I know good practice would be to pay the employee anyway if possible, and this is something I would discuss with the managers. However, I want to be clear that we are correct with the law and cannot get a definite answer on whether the 80 days worked should include weekends or not.
Thank you
From United Kingdom, London
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Dear LJMCD,
In layman's language, the working days include the days for which the woman was paid wages or salaries, that is all the 7 days of the week if the office observes a 5-day week, if she is paid for all the 7 days during a 5-day work week. The Explanation below Sec.5 of the Maternity Benefits Act amply clarifies that. The extract of the Explanation is reproduced below for your guidance:
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
PS Dhingra
From India, Delhi
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In layman's language, the working days include the days for which the woman was paid wages or salaries, that is all the 7 days of the week if the office observes a 5-day week, if she is paid for all the 7 days during a 5-day work week. The Explanation below Sec.5 of the Maternity Benefits Act amply clarifies that. The extract of the Explanation is reproduced below for your guidance:
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
PS Dhingra
From India, Delhi
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Dear Neha,
Provisions of Section 12(2)(a) still exists according to which your employer would not have discharged or dismissed you. You were entitled to full maternity benefits as per the provisions of the maternity Act. In case of his failure you could hav approached the inspector appointed in connection with the provisions of the Act to claim the benefits. In addition to payment of benefits, the employer could well have been punished with imprisonment and/or fine imposed by a court of law under the provisions of Section 21 of the maternity Act.
Explanation below Section 5 clearly makes you eligible for the maternity benefits during the days of lay off also. Extract of the same is reproduced below for your guidance:
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
From India, Delhi
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Provisions of Section 12(2)(a) still exists according to which your employer would not have discharged or dismissed you. You were entitled to full maternity benefits as per the provisions of the maternity Act. In case of his failure you could hav approached the inspector appointed in connection with the provisions of the Act to claim the benefits. In addition to payment of benefits, the employer could well have been punished with imprisonment and/or fine imposed by a court of law under the provisions of Section 21 of the maternity Act.
Explanation below Section 5 clearly makes you eligible for the maternity benefits during the days of lay off also. Extract of the same is reproduced below for your guidance:
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
From India, Delhi
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Hi What is policy for maternity leaves. How many paid leaves I can avail. I am working in a private limited company. Please reply as next month I want to avail the same.
From India, New Delhi
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From India, New Delhi
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Hi, I'm Anu. I'm working in a government undertaking, the Federation of Cooperative Department of Jharkhand, on a contract basis since November 2012. Now, I'm pregnant, and my delivery date is 23 August 2015. I want to know if I'm eligible for the Maternity Benefit Act 1961 and when I can start my leave. Is it leave without payment or with payment? What are the non-cash benefits?
From India, Bangalore
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From India, Bangalore
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I am working in a private company for the last 8 years, and currently, I am 14 weeks pregnant. My pregnancy involved some complications, so my doctor advised me to take leave during the first 12 weeks. I applied for maternity leave of 3 months, which was granted to me initially, but almost at the end, my company rejected the same citing the below clause:
Maternity leave is governed by the Maternity Benefit Act, 1961. As per the provisions of this Act, maternity leave shall be 12 weeks, of which not more than 6 weeks shall precede the date of her expected delivery.
Please advise whether the same is correct.
From India, Kolkata
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Maternity leave is governed by the Maternity Benefit Act, 1961. As per the provisions of this Act, maternity leave shall be 12 weeks, of which not more than 6 weeks shall precede the date of her expected delivery.
Please advise whether the same is correct.
From India, Kolkata
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THE MATERNITY BENEFIT ACT 1961.pdf