Hi whether company should provide me full payment salary for 6 months of maternity leave or just basic salary.. please help with answer
From India, Bangalore
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1From India, Bangalore
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Dear Experts,
I am pregnant and have been working in a private organization for the last four years. My due date is on September 4th, and recently, my boss/director has changed my profile from backend to sales & marketing. Due to my pregnancy, it is becoming challenging to go out in the market in this scorching sun. My concerns are:
1. Can I ask for maternity leave starting from May 15th, or how far in advance can I request it?
2. Is there any rule regarding potential resignation requests from my employer? They have already informed me that there is no position available in the backend team, so I cannot request to stay in that role. Please let me know if there are any other options available for me to take maternity leave.
Thank you.
From India, Bhopal
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I am pregnant and have been working in a private organization for the last four years. My due date is on September 4th, and recently, my boss/director has changed my profile from backend to sales & marketing. Due to my pregnancy, it is becoming challenging to go out in the market in this scorching sun. My concerns are:
1. Can I ask for maternity leave starting from May 15th, or how far in advance can I request it?
2. Is there any rule regarding potential resignation requests from my employer? They have already informed me that there is no position available in the backend team, so I cannot request to stay in that role. Please let me know if there are any other options available for me to take maternity leave.
Thank you.
From India, Bhopal
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Please meet with the HR team and explain your problem to them. (They should be aware of your medical condition by now). The law stipulates that 8 weeks prior to the due date, the concerned person should not be assigned heavy-duty tasks that could affect their medical condition. An additional month is also provided for in the act. This means the company cannot require you to work in the hot sun and they cannot dismiss you during this period. Below is an extract from the bare act:
4. Employment of or work by, women 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 women 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, upon her request, be required by her employer to perform any arduous work, work involving long hours of standing, or any work likely to interfere with her pregnancy or the normal development of the fetus, or likely to cause miscarriage or adversely affect her health during the specified period in sub-section (4).
(4) The period mentioned in sub-section (3) shall be:
(a) The one month immediately preceding the six weeks before the expected delivery date.
(b) Any period within the six weeks for which the pregnant woman does not take leave under section 6.
The 6-week period was extended to 8 weeks in 2017. Therefore, address the problem confidently knowing that the law supports you. It may only take a few days to resolve the issue regarding your maternity leave. Remember to maintain a polite and courteous demeanor when discussing this matter with them.
From India, Pune
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4. Employment of or work by, women 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 women 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, upon her request, be required by her employer to perform any arduous work, work involving long hours of standing, or any work likely to interfere with her pregnancy or the normal development of the fetus, or likely to cause miscarriage or adversely affect her health during the specified period in sub-section (4).
(4) The period mentioned in sub-section (3) shall be:
(a) The one month immediately preceding the six weeks before the expected delivery date.
(b) Any period within the six weeks for which the pregnant woman does not take leave under section 6.
The 6-week period was extended to 8 weeks in 2017. Therefore, address the problem confidently knowing that the law supports you. It may only take a few days to resolve the issue regarding your maternity leave. Remember to maintain a polite and courteous demeanor when discussing this matter with them.
From India, Pune
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Thanku so much Nathao ji....Can you please share your contact no.. as need to ask something only if you are okay to share it!
From India, Bhopal
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From India, Bhopal
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Dear Ms. [Last Name],
Not to worry, the Maternity Benefit Act is for protection. Please immediately obtain a medical certificate from your treating doctor/hospital and submit the same, informing them about your inability to travel in view of your pregnancy.
With regards,
G. Dayanand
From India, Secunderabad
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Not to worry, the Maternity Benefit Act is for protection. Please immediately obtain a medical certificate from your treating doctor/hospital and submit the same, informing them about your inability to travel in view of your pregnancy.
With regards,
G. Dayanand
From India, Secunderabad
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if my due date is on November 2018 and i have joined new company on April 2018 am I eligible for maternity leave ?what should i do if company ask me for resign ? please tell me ?
From India, Pune
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From India, Pune
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Payment of Maternity Benefits Act lays down that any woman employed, whether directly or through any agency, for wages in any establishment 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 of the Act).
So you should be entitled to maternity benefits. The company cannot legally dismiss you during maternity leave periods. Do not resign. Inform the company of your pregnancy. The law is there to protect women who are pregnant and regulate working conditions.
From India, Pune
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So you should be entitled to maternity benefits. The company cannot legally dismiss you during maternity leave periods. Do not resign. Inform the company of your pregnancy. The law is there to protect women who are pregnant and regulate working conditions.
From India, Pune
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Dear Dayanand & Natharao Ji, In how much advance I can ask for maternity leaves before my due date as for me still four months to go? Kindly suggest!
From India, Bhopal
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From India, Bhopal
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Dear Ms. No need to worry about this; you can contact the concerned person (HR) with your medical supporting documents. They are aware of the latest amendment of the Maternity Benefit Act of 1961. I hope they will support you.
From India, Mumbai
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From India, Mumbai
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Anonymous, Pl read my reply above, your query is addressed in the answer.
From India, Pune
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From India, Pune
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As per your question regarding how early you can avail leave, the information is provided below.
You mentioned that your expected date of delivery is 4th September 2018. Therefore, if you count back 8 weeks before your expected delivery, it would be June 11th, 2018. You are eligible to avail maternity leave starting from June 11th, 2018.
I hope this information answers your query.
From India, Mumbai
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You mentioned that your expected date of delivery is 4th September 2018. Therefore, if you count back 8 weeks before your expected delivery, it would be June 11th, 2018. You are eligible to avail maternity leave starting from June 11th, 2018.
I hope this information answers your query.
From India, Mumbai
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Sir, will it be from June, 11th or July,11th ? Also, if I want my maternity benefit before 8 weeks I meant around by mid of May then it will be possible or not?
From India, Bhopal
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From India, Bhopal
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Hi,
In reference to the query above, I would like to apprise you that please refer to your Appointment letter wherein your JD has been described. In case there is no clause in the appointment letter wherein the management has not mentioned to change the JD, they cannot implement it. Please address an application to the HR team apprising them about your medical health. The alternative you have is to avail EL which can be later clubbed into your maternity leave. I further suggest you should fight for your rights. In case of any other assistance, please feel free to shoot any other query.
Thanks in anticipation. Looking forward to hearing from you.
Many thanks, Shamsheer Pal Singh Dhillon Head Legal
From India, Mohali
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In reference to the query above, I would like to apprise you that please refer to your Appointment letter wherein your JD has been described. In case there is no clause in the appointment letter wherein the management has not mentioned to change the JD, they cannot implement it. Please address an application to the HR team apprising them about your medical health. The alternative you have is to avail EL which can be later clubbed into your maternity leave. I further suggest you should fight for your rights. In case of any other assistance, please feel free to shoot any other query.
Thanks in anticipation. Looking forward to hearing from you.
Many thanks, Shamsheer Pal Singh Dhillon Head Legal
From India, Mohali
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https://timesofindia.indiatimes.com/...w/64115691.cms
Observing that the state cannot discriminate in granting maternity leave, the Bombay high court has allowed a member of a consumer panel to take maternity leave for six months.
“In our opinion, there can be no discrimination in the matter of granting the maternity leave benefit of 180 days to a member of the district forum who is appointed on a fixed tenure of five years only on the grounds that she is not a government servant,” said a division bench of Justices Shantanu Kemkar and Makarand Karnik in its May 4 order.
The court’s verdict came on a petition by Prerna Kalunkhe-Kulkarni, a member of the District Consumer Disputes Redressal Forum in Nashik, for a direction to grant her maternity paid leave for six months. After 18 weeks of pregnancy, on December 4, 2017, she wrote to the president of the state consumer disputes redressal commission to grant her maternity leave. Since she got no response, she moved the high court.
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The state’s advocate said she was denied 180-day maternity leave as she was appointed on a tenure post and the Maharashtra Civil Service (Leave) Rules 1981 do not apply to her. But her advocate argued that she has to be regarded as a government employee.
The judges noted that Supreme Court has extended benefits under the Maternity Benefit Act, 1961, even to women employees of municipal corporations working on daily wages and HCs too have allowed petitions to grant maternity benefits to employees hired on contract or on ad hoc basis.
The judges said in Maharashtra benefits under the Act have been made available only to government servants under the 1981 Rules. “The benefits of enhanced maternity leave to women employees are undoubtedly... intended to give them equal opportunities in public employment,” the bench said, adding that the state’s stand cannot be countenanced as it would amount to discrimination against women employees only because they are on tenure posts.
Allowing her petition the judges said, “For the purpose of granting maternity leave, the petitioner is entitled to 180 days’ maternity leave since she is working in a tenure post of the district forum established by the government.”
My Comments
this clarifies the importance GOI gives to Maternity leave and women welfare.
From India, Pune
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Observing that the state cannot discriminate in granting maternity leave, the Bombay high court has allowed a member of a consumer panel to take maternity leave for six months.
“In our opinion, there can be no discrimination in the matter of granting the maternity leave benefit of 180 days to a member of the district forum who is appointed on a fixed tenure of five years only on the grounds that she is not a government servant,” said a division bench of Justices Shantanu Kemkar and Makarand Karnik in its May 4 order.
The court’s verdict came on a petition by Prerna Kalunkhe-Kulkarni, a member of the District Consumer Disputes Redressal Forum in Nashik, for a direction to grant her maternity paid leave for six months. After 18 weeks of pregnancy, on December 4, 2017, she wrote to the president of the state consumer disputes redressal commission to grant her maternity leave. Since she got no response, she moved the high court.
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The state’s advocate said she was denied 180-day maternity leave as she was appointed on a tenure post and the Maharashtra Civil Service (Leave) Rules 1981 do not apply to her. But her advocate argued that she has to be regarded as a government employee.
The judges noted that Supreme Court has extended benefits under the Maternity Benefit Act, 1961, even to women employees of municipal corporations working on daily wages and HCs too have allowed petitions to grant maternity benefits to employees hired on contract or on ad hoc basis.
The judges said in Maharashtra benefits under the Act have been made available only to government servants under the 1981 Rules. “The benefits of enhanced maternity leave to women employees are undoubtedly... intended to give them equal opportunities in public employment,” the bench said, adding that the state’s stand cannot be countenanced as it would amount to discrimination against women employees only because they are on tenure posts.
Allowing her petition the judges said, “For the purpose of granting maternity leave, the petitioner is entitled to 180 days’ maternity leave since she is working in a tenure post of the district forum established by the government.”
My Comments
this clarifies the importance GOI gives to Maternity leave and women welfare.
From India, Pune
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Thanks a lot to both of you! Now I literally think I can avail my maternity benefits!
From India, Bhopal
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From India, Bhopal
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Hi, you are employed in a Pvt concern. Your company is covered under the ESI Act. It is under the Shops and Establishment or Factories Act.
Most of the employers are not willing to give maternity benefits to their employees. They make employees resign, stating unauthorized absence from duty. Try to discuss the matter with your departmental head and resolve it.
If you don't want to continue working after maternity, you can fight legally.
From India, Chennai
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Most of the employers are not willing to give maternity benefits to their employees. They make employees resign, stating unauthorized absence from duty. Try to discuss the matter with your departmental head and resolve it.
If you don't want to continue working after maternity, you can fight legally.
From India, Chennai
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One of my friends is absent for 2 months. He was medically unfit and suffering from typhoid disease. When he recovered, his father fell ill. As a result, he couldn't return to work for 2 months. He has all the medical prescriptions and reports from the doctors. His father is dealing with three health issues - Parkinson's disease, a minor leg fracture, and prostate problems. Treatment for all these conditions is ongoing simultaneously. Currently, my friend is almost recovered, but his father is still on bed rest. Due to these circumstances, he wants to resign and find a job closer to home so he can take care of his father.
My first question is, if he resigns, will the department not accept his resignation? My second question is, if the department issues a show-cause notice, can he still submit his resignation with his genuine reasons?
Thank you.
From India, Kolkata
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My first question is, if he resigns, will the department not accept his resignation? My second question is, if the department issues a show-cause notice, can he still submit his resignation with his genuine reasons?
Thank you.
From India, Kolkata
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As the question was asked anonymously, the answer to the query in one sentence is as follows: "Consider the said female employee who opted for maternity leave, treat her as if she is working in the establishment and not on leave, and pay her accordingly on a monthly basis."
Regards,
Girish Vivalkar
Indian Labour Law and Human Resource by Girish Jayram Vivalkar
URL: [https://girishvivalkar979.blogspot.in/](https://girishvivalkar979.blogspot.in/)
LinkedIn: [https://in.linkedin.com/in/girishvivalkar](https://in.linkedin.com/in/girishvivalkar)
From India, Pune
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Regards,
Girish Vivalkar
Indian Labour Law and Human Resource by Girish Jayram Vivalkar
URL: [https://girishvivalkar979.blogspot.in/](https://girishvivalkar979.blogspot.in/)
LinkedIn: [https://in.linkedin.com/in/girishvivalkar](https://in.linkedin.com/in/girishvivalkar)
From India, Pune
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Woman Employee Benefits Maternity Benefit Act, 1971 assures the benefits to working women because at the productive stage they are exposed to special risk during pregnancy.
The objective of this Act is to let the working women take rest during the period of pregnancy and for a few days even after childbirth. This rest period being considerably long, therefore, this Act ensures that the employer does not terminate the employment because of the long leave.
The employers covered in the Act are PROHIBITED: For knowingly employing any woman or taking work by a woman during a certain period, i.e., 6 weeks immediately following the date of delivery or miscarriage. On request, a woman cannot be given any work of the following nature:
- which is arduous in nature
- which requires long hours of standing
- which in any way is likely to interfere with her pregnancy
- which in any way is likely to interfere with the normal delivery of a child.
Sec. 6 specifies the period for leave under this Act: One month immediately preceding the period of 6 weeks before the date of delivery. Any period during the said 6 weeks for which the pregnant woman does not avail of leave of absence. However, a woman is required to apply, stating the period to avail of the benefit.
Sec. 5, any pregnant woman is entitled to, and the employer shall be liable for, the payment of her maternity benefits at the average daily rate for the period as specified above. The following conditions are to be fulfilled before maternity benefits become payable:
The woman should have worked for at least 80 days in that establishment.
The maximum period for which that woman is entitled to the benefits is restricted to 12 weeks, of which not more than 6 weeks shall proceed the date of her expected delivery.
From India, Mumbai
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The objective of this Act is to let the working women take rest during the period of pregnancy and for a few days even after childbirth. This rest period being considerably long, therefore, this Act ensures that the employer does not terminate the employment because of the long leave.
The employers covered in the Act are PROHIBITED: For knowingly employing any woman or taking work by a woman during a certain period, i.e., 6 weeks immediately following the date of delivery or miscarriage. On request, a woman cannot be given any work of the following nature:
- which is arduous in nature
- which requires long hours of standing
- which in any way is likely to interfere with her pregnancy
- which in any way is likely to interfere with the normal delivery of a child.
Sec. 6 specifies the period for leave under this Act: One month immediately preceding the period of 6 weeks before the date of delivery. Any period during the said 6 weeks for which the pregnant woman does not avail of leave of absence. However, a woman is required to apply, stating the period to avail of the benefit.
Sec. 5, any pregnant woman is entitled to, and the employer shall be liable for, the payment of her maternity benefits at the average daily rate for the period as specified above. The following conditions are to be fulfilled before maternity benefits become payable:
The woman should have worked for at least 80 days in that establishment.
The maximum period for which that woman is entitled to the benefits is restricted to 12 weeks, of which not more than 6 weeks shall proceed the date of her expected delivery.
From India, Mumbai
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Hi Seniors,
I need advice. Is there any provision to take one month of additional leave before starting 8 weeks of Maternity Leave pre-delivery as mentioned under section 10, Maternity Leave Act of 1961? Can any employee avail of one week of maternity leave prior to 26 weeks?
Kindly advise.
Regards,
Raj
From India, Gurgaon
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I need advice. Is there any provision to take one month of additional leave before starting 8 weeks of Maternity Leave pre-delivery as mentioned under section 10, Maternity Leave Act of 1961? Can any employee avail of one week of maternity leave prior to 26 weeks?
Kindly advise.
Regards,
Raj
From India, Gurgaon
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Maternity Benefit Act - Act Provisions reg.benefits.do cx