Hi,
I am working on policies for an organization covered under the Bombay Shop and Establishment Act. According to the Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed. I wanted to know if there is a minimum period criteria and if not, then is it required by law to compulsorily grant 12 weeks, or can the specified period be reduced.
Please do help.
Sharon
From India, Mumbai
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I am working on policies for an organization covered under the Bombay Shop and Establishment Act. According to the Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed. I wanted to know if there is a minimum period criteria and if not, then is it required by law to compulsorily grant 12 weeks, or can the specified period be reduced.
Please do help.
Sharon
From India, Mumbai
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Sharon dear, please spent some time on searching the samein Citehr, we have ample information on the subject my experts. All the best, UKmitra
From Saudi Arabia, Riyadh
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297From Saudi Arabia, Riyadh
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Dear UKmitra,
I've tried the search but had no luck. All the information is about 12 weeks maximum, but nothing is available about the minimum criteria. If you have any idea about the same, kindly let me know.
Regards,
Sharon
From India, Mumbai
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I've tried the search but had no luck. All the information is about 12 weeks maximum, but nothing is available about the minimum criteria. If you have any idea about the same, kindly let me know.
Regards,
Sharon
From India, Mumbai
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Dear Sharon,
Please read the bare act carefully. It answers all your queries. Just a snapshot of the act:
4. Employment of, or work by, women prohibited during a certain period.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(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 or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, 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) at 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.
So, you see there is no minimum criteria mentioned in this. But a female employee can claim maternity leave provided as follows:
1. 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.
2. The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day.
UNQUOTE
This is a very interesting Act if you see and read it. There is also a debate going on among experts regarding this act, and I really hope that more benefits are added to the additional Act, which needs to be reviewed as per the current lifestyle. Especially, covering the entire cost of pregnancy for all taxpayer female employees and weaker sections, at the cost of the Government and State Government. Let's pray to God and fight for this right.
Regards,
UKmitra
From Saudi Arabia, Riyadh
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Please read the bare act carefully. It answers all your queries. Just a snapshot of the act:
4. Employment of, or work by, women prohibited during a certain period.
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(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 or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, 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) at 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.
So, you see there is no minimum criteria mentioned in this. But a female employee can claim maternity leave provided as follows:
1. 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.
2. The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day.
UNQUOTE
This is a very interesting Act if you see and read it. There is also a debate going on among experts regarding this act, and I really hope that more benefits are added to the additional Act, which needs to be reviewed as per the current lifestyle. Especially, covering the entire cost of pregnancy for all taxpayer female employees and weaker sections, at the cost of the Government and State Government. Let's pray to God and fight for this right.
Regards,
UKmitra
From Saudi Arabia, Riyadh
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Dear UKmitra,
With due respect to your answer, this is to inform you that the government has made an amendment in section 5(2) by Act 61 of 1988, and by virtue of this amendment, 160 days have been substituted as 80 days. Now, this is in operation since 10.01.1989.
With Regards,
R.N.Khola
From India, Delhi
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With due respect to your answer, this is to inform you that the government has made an amendment in section 5(2) by Act 61 of 1988, and by virtue of this amendment, 160 days have been substituted as 80 days. Now, this is in operation since 10.01.1989.
With Regards,
R.N.Khola
From India, Delhi
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Dear UKmitra,
I completely agree with you. This is definitely a very confusing act and needs more clarifications & there should be more benefits added to it too.
Thanks for your reply.
Regards,
Sharon D'Souza
From India, Mumbai
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I completely agree with you. This is definitely a very confusing act and needs more clarifications & there should be more benefits added to it too.
Thanks for your reply.
Regards,
Sharon D'Souza
From India, Mumbai
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Thank you Mr. Khola, for the correction. My Labor Consultant/Solicitor and we have a different opinon on that. I will revert back after debating with them, with your feedback. Regards ukmitra
From Saudi Arabia, Riyadh
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From Saudi Arabia, Riyadh
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Dear UKmitra, Thanks for your response. I am waiting for you reply. With Regards, R.N.Khola
From India, Delhi
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From India, Delhi
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Dear Mr. Khola,
Thank you for the correction. Indeed, that is correct 80 days. "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 [16] [eighty days] in the twelve months immediately preceding the date of her expected delivery."
I have updated my library as well. :)
Thank you.
Regards, UKmitra
From Saudi Arabia, Riyadh
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Thank you for the correction. Indeed, that is correct 80 days. "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 [16] [eighty days] in the twelve months immediately preceding the date of her expected delivery."
I have updated my library as well. :)
Thank you.
Regards, UKmitra
From Saudi Arabia, Riyadh
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Dear All,
I request you to clarify the following points:
1. During maternity leave, does the female employee receive a salary?
2. If yes, will it be gross or only basic? (For example, if someone is getting 14K (after deduction of PT, she receives 13800/- in hand, so will she get 13800*3 for 3 months or is her basic Rs. 7000/- (7K*3)?
3. Will she receive payment for all 3 months?
We are a small software company (less than 20 employees) under the Shop and Establishment Act, and we only deduct PT. Our salary components include Basic, HRA, Medical, Conveyance, and other allowances.
Regards
From India, Mumbai
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I request you to clarify the following points:
1. During maternity leave, does the female employee receive a salary?
2. If yes, will it be gross or only basic? (For example, if someone is getting 14K (after deduction of PT, she receives 13800/- in hand, so will she get 13800*3 for 3 months or is her basic Rs. 7000/- (7K*3)?
3. Will she receive payment for all 3 months?
We are a small software company (less than 20 employees) under the Shop and Establishment Act, and we only deduct PT. Our salary components include Basic, HRA, Medical, Conveyance, and other allowances.
Regards
From India, Mumbai
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Dear all, Please reply....waiting for your valuable inputs... my employees are asking me about this, Regards
From India, Mumbai
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From India, Mumbai
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Dear Mamta,
Under the Employment Act, an employer is required to continue paying an employee her usual salary at the monthly gross rate of pay for the first eight weeks of maternity leave if:
- The employee has been employed for at least 90 days before the date of delivery.
- The employee has less than two children of her own at the time of delivery. In the case of multiple births (e.g., twins, triplets, etc.) during the first pregnancy, the employer is still required to pay eight weeks of maternity leave for the next pregnancy.
- The employee has given her employer at least one week's notice before going on maternity leave, and informed her employer as soon as practicable of her delivery. Otherwise, the employee is only entitled to half the payment during the maternity leave, unless she can show sufficient cause that prevented her from giving such notice to the employer.
If the employee qualifies for Government-paid Maternity Leave under the Child Development Co-Savings Act, she will be paid by the employer during the entire 16 weeks of maternity leave, regardless of the birth order of the child. The employer may later claim reimbursement from the Government for the last eight weeks for the first and second confinements and all 16 weeks for the third or subsequent confinements.
If the employee does not qualify for maternity leave under the Child Development Co-Savings Act, payment beyond the first eight weeks is voluntary and subject to contractual agreement.
Thanks/Regards,
Amit Kumar
From India, Chandigarh
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Under the Employment Act, an employer is required to continue paying an employee her usual salary at the monthly gross rate of pay for the first eight weeks of maternity leave if:
- The employee has been employed for at least 90 days before the date of delivery.
- The employee has less than two children of her own at the time of delivery. In the case of multiple births (e.g., twins, triplets, etc.) during the first pregnancy, the employer is still required to pay eight weeks of maternity leave for the next pregnancy.
- The employee has given her employer at least one week's notice before going on maternity leave, and informed her employer as soon as practicable of her delivery. Otherwise, the employee is only entitled to half the payment during the maternity leave, unless she can show sufficient cause that prevented her from giving such notice to the employer.
If the employee qualifies for Government-paid Maternity Leave under the Child Development Co-Savings Act, she will be paid by the employer during the entire 16 weeks of maternity leave, regardless of the birth order of the child. The employer may later claim reimbursement from the Government for the last eight weeks for the first and second confinements and all 16 weeks for the third or subsequent confinements.
If the employee does not qualify for maternity leave under the Child Development Co-Savings Act, payment beyond the first eight weeks is voluntary and subject to contractual agreement.
Thanks/Regards,
Amit Kumar
From India, Chandigarh
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Thank you, Amit, for your reply.
Please clarify whether the usual salary at the monthly gross rate of pay contains all components. As we are an IT Company, when I discussed with my management, they are saying it should be only Basic, even no HRA or Conveyance.
From India, Mumbai
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Please clarify whether the usual salary at the monthly gross rate of pay contains all components. As we are an IT Company, when I discussed with my management, they are saying it should be only Basic, even no HRA or Conveyance.
From India, Mumbai
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K/A Dear Shri R.N.Khola Res. Sir One lady availed only 3 weeks maternity leave before delivery, Can she ask for 9 weeks paid maternity leave after delivery ? Regards Shaikh
From India, Jalgaon
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From India, Jalgaon
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Dear Mr. Khola,
I need your help in this area. If an employee does not complete one year of service, are benefits still applicable? Our solicitor says that this condition of 80 days should not be considered in the first year, and the employee must complete one year of service for maternity benefits. The language of the act is quite ambiguous.
He mentions that if someone joins on 1st February and delivers on 1st May, how can maternity benefits be paid just because 80 days have been completed? The employee worked for only 80 days but received benefits for 84 days.
Thank you for your assistance.
From India, Mumbai
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I need your help in this area. If an employee does not complete one year of service, are benefits still applicable? Our solicitor says that this condition of 80 days should not be considered in the first year, and the employee must complete one year of service for maternity benefits. The language of the act is quite ambiguous.
He mentions that if someone joins on 1st February and delivers on 1st May, how can maternity benefits be paid just because 80 days have been completed? The employee worked for only 80 days but received benefits for 84 days.
Thank you for your assistance.
From India, Mumbai
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Dear Member,
Now, what can be said by me when the Maternity Benefit Act of 1961 states that an employee becomes eligible for maternity leave for 84 days if she works for 80 days in the establishment? We are required to adhere to the Act. For further clarification, you can contact the law enforcement agency.
R.N.KHOLA
Welcome Skylark Associates
Please let me know if you need any further assistance.
From India, Delhi
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Now, what can be said by me when the Maternity Benefit Act of 1961 states that an employee becomes eligible for maternity leave for 84 days if she works for 80 days in the establishment? We are required to adhere to the Act. For further clarification, you can contact the law enforcement agency.
R.N.KHOLA
Welcome Skylark Associates
Please let me know if you need any further assistance.
From India, Delhi
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Dear Sharon,
According to section 5(3) of the Maternity Benefit Act, 1961, the maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery. Thus, the employer is not in a position to reduce the maximum period, while the woman is at liberty to receive this benefit for a lesser number of days on her own.
With Regards,
R.N.Khola
From India, Delhi
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According to section 5(3) of the Maternity Benefit Act, 1961, the maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery. Thus, the employer is not in a position to reduce the maximum period, while the woman is at liberty to receive this benefit for a lesser number of days on her own.
With Regards,
R.N.Khola
From India, Delhi
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf