Dear all,
Understanding the Maternity Benefit Act: Section 10
As per the Maternity Act Section 10, which states:
"10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.- A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month."
I delivered a baby one month before the due date (Jan 8th, 2012), and the delivery happened when I was returning from work to home (Dec 6th, 2011). It was a Cesarean delivery with a medical complication; the baby was a little premature and underweight. From the next day, I was on maternity leave. According to the act, I was entitled to 3 months of maternity leave. I availed it and also requested an extension of my leave for another 3 months due to my health and the baby's nursing needs. I later resumed office on 4th June 2012.
Seeking Clarification on Additional Leave Entitlement
Recently, I came to know that as per Section 10 of the Maternity Benefit Act, one can avail of one month of extra paid leave if there is an illness due to the premature birth of the baby. My employer didn't brief me about such a benefit and treated my extended 3 months leave as LOP. Now, I wanted to know whether I can ask my employer to consider one month from my LOP to refund for the maternity benefit act, as they failed to explain to me about the act as I had delivered prematurely. Please guide me.
Thank you.
From India, Chennai
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Understanding the Maternity Benefit Act: Section 10
As per the Maternity Act Section 10, which states:
"10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.- A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month."
I delivered a baby one month before the due date (Jan 8th, 2012), and the delivery happened when I was returning from work to home (Dec 6th, 2011). It was a Cesarean delivery with a medical complication; the baby was a little premature and underweight. From the next day, I was on maternity leave. According to the act, I was entitled to 3 months of maternity leave. I availed it and also requested an extension of my leave for another 3 months due to my health and the baby's nursing needs. I later resumed office on 4th June 2012.
Seeking Clarification on Additional Leave Entitlement
Recently, I came to know that as per Section 10 of the Maternity Benefit Act, one can avail of one month of extra paid leave if there is an illness due to the premature birth of the baby. My employer didn't brief me about such a benefit and treated my extended 3 months leave as LOP. Now, I wanted to know whether I can ask my employer to consider one month from my LOP to refund for the maternity benefit act, as they failed to explain to me about the act as I had delivered prematurely. Please guide me.
Thank you.
From India, Chennai
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Congratulations on the new baby! You need to apply for leave due to illness related to pregnancy, delivery, or premature birth of the child. You must provide a certificate from your doctor for a one-month period. Your employer cannot refuse to grant you one month of additional paid leave under Section 10 when you make a claim. He may not be aware of this section.
Thanks and regards,
Keshav Korgaonkar
Shantadurgaent.com, Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI Registration, NOC from.
From India, Mumbai
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2584Thanks and regards,
Keshav Korgaonkar
Shantadurgaent.com, Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI Registration, NOC from.
From India, Mumbai
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Draft Notification dt 6-10-2016 for enhancement of Maternity Benefit to 26 weeks under ESI Act.pdf