Dear senior,
Please shed light on the following query. According to the Maternity Benefit Act, a woman can avail of maternity leave six weeks prior to and six weeks after childbirth. If she does not avail of leave before delivery, can she take 12 weeks of leave after the birth of the child? What is the employer's liability towards the payment of benefits in such a case?
Thank you.
Regards,
Sacheein
From India, Mumbai
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12Please shed light on the following query. According to the Maternity Benefit Act, a woman can avail of maternity leave six weeks prior to and six weeks after childbirth. If she does not avail of leave before delivery, can she take 12 weeks of leave after the birth of the child? What is the employer's liability towards the payment of benefits in such a case?
Thank you.
Regards,
Sacheein
From India, Mumbai
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- yes she can ake 12 weeks leave after her delivery - liability is to provide all benefits under maternity - her salary/ incentive/ medical bonus
From India, Chandigarh
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From India, Chandigarh
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Legally employer is not liable to give 12 weeks leave after confinement. Varghese Mathew 9961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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From the Date of Delivery, she can take 12 calendar weeks of maternity leave. It is not compulsory to avail 6 weeks prior to expected date of delivery. Jayakumar C
From India, Gurgaon
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From India, Gurgaon
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She can take 12 weeks of leave. Companies usually pay the salary and medical expenses upon submission of relevant documents. However, if incentives are performance-based, since she is not performing during these 12 weeks, she may not receive the incentives.
Regards,
Monica
From India, Pune
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Regards,
Monica
From India, Pune
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Dear Sir, If u have any citation on this issue,kindly share with us Regards Sacheein
From India, Mumbai
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From India, Mumbai
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I request the members to indicate which law states that she is entitled to 12 weeks of leave with benefits from the day of confinement. If nobody provides any reference to the provisions of the law, it is presumed that there is no such law except the employer's policy, which is not a law.
Varghese Mathew
From India, Thiruvananthapuram
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Varghese Mathew
From India, Thiruvananthapuram
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Sec 5 says: (3) 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. The provision is related to death during childbirth and not applicable above.
So, the period of 12 weeks is definitely split into 6 and 6 weeks prior and after delivery. It cannot be merged into 12 weeks after. The employer is always allowed to give more than required by the act.
From India, Mumbai
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So, the period of 12 weeks is definitely split into 6 and 6 weeks prior and after delivery. It cannot be merged into 12 weeks after. The employer is always allowed to give more than required by the act.
From India, Mumbai
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc