Hi, Can anybody explain to me about the new maternity leave for private sectors, especially for the Haryana government?
1- The company HR is saying that we will pay you only for 90 days.
2- Payments will be released when you complete 90 days of work.
3- If you do not join after 90 days, we will proceed with full and final settlement.
Kindly inform me about the new rules and regulations of maternity leave. Am I eligible for 26 weeks as per the new rule? Is the new rule applicable?
From India, Delhi
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1- The company HR is saying that we will pay you only for 90 days.
2- Payments will be released when you complete 90 days of work.
3- If you do not join after 90 days, we will proceed with full and final settlement.
Kindly inform me about the new rules and regulations of maternity leave. Am I eligible for 26 weeks as per the new rule? Is the new rule applicable?
From India, Delhi
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See if I understood your question correctly; you want to know when you are eligible and for how much.
First Point: Prohibition of Employment
Section 4 in The Maternity Benefit Act, 1961
4. Employment of or work by women is prohibited during certain periods.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature, involves long hours of standing, or is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise adversely affect her health.
(4) The period referred to in sub-section (3) shall be:
(a) the period of one month immediately preceding the period of six weeks before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.
Second Point: Eligibility
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 one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery. Provided that the qualifying period of one hundred and sixty days 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 this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
Regards
From India, Kolkata
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180First Point: Prohibition of Employment
Section 4 in The Maternity Benefit Act, 1961
4. Employment of or work by women is prohibited during certain periods.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature, involves long hours of standing, or is likely to interfere with her pregnancy or the normal development of the fetus, or is likely to cause her miscarriage or otherwise adversely affect her health.
(4) The period referred to in sub-section (3) shall be:
(a) the period of one month immediately preceding the period of six weeks before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.
Second Point: Eligibility
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 one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery. Provided that the qualifying period of one hundred and sixty days 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 this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
Regards
From India, Kolkata
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According to The Maternity Benefits (Amendment) Bill, 2016:
- The duration of paid maternity leave increases from 12 weeks to 26 weeks (in case of less than two children), which cannot be availed before eight weeks from the date of the expected delivery.
- However, a woman with two or more children will be entitled to 12 weeks of maternity leave, which cannot be availed before six weeks from the date of the expected delivery.
- A woman with two or more surviving children will receive only 12 weeks of paid maternity leave. Such a provision restricting the benefit available based on the number of children was present in a few states under the Shops and Establishments Acts. This is now being made a part of the central legislation as well.
Please check your eligibility accordingly.
Eligibility & Conditions for Claiming Benefits:
- She is eligible to claim maternity benefits if she is 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. (Section 5)
- A woman looking forward to maternity benefits could ask the employer to give her light work for a month. Such a request should be made at least 10 weeks before the date of her expected delivery. At that time, she needs to produce a certificate confirming her pregnancy. (Section 5)
- Also, she needs to give a written notice to the employer about seven weeks before the date of her delivery regarding her absence period pre and post-delivery. (Section 5)
- The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
There is no provision for payments to be released when you complete 90 days of work.
When Returning to Work After Maternity Leave:
- You must give your employer eight weeks' notice if you want to return to work earlier or later than your agreed date.
Regards,
Amit
From India, Surat
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- The duration of paid maternity leave increases from 12 weeks to 26 weeks (in case of less than two children), which cannot be availed before eight weeks from the date of the expected delivery.
- However, a woman with two or more children will be entitled to 12 weeks of maternity leave, which cannot be availed before six weeks from the date of the expected delivery.
- A woman with two or more surviving children will receive only 12 weeks of paid maternity leave. Such a provision restricting the benefit available based on the number of children was present in a few states under the Shops and Establishments Acts. This is now being made a part of the central legislation as well.
Please check your eligibility accordingly.
Eligibility & Conditions for Claiming Benefits:
- She is eligible to claim maternity benefits if she is 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. (Section 5)
- A woman looking forward to maternity benefits could ask the employer to give her light work for a month. Such a request should be made at least 10 weeks before the date of her expected delivery. At that time, she needs to produce a certificate confirming her pregnancy. (Section 5)
- Also, she needs to give a written notice to the employer about seven weeks before the date of her delivery regarding her absence period pre and post-delivery. (Section 5)
- The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
There is no provision for payments to be released when you complete 90 days of work.
When Returning to Work After Maternity Leave:
- You must give your employer eight weeks' notice if you want to return to work earlier or later than your agreed date.
Regards,
Amit
From India, Surat
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Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf
Maternity Leave Policy - posting.doc
Haryana Government Gazette.jpg