Dear All,
Suppose an organization has a 5-day workweek (i.e., Saturday and Sunday off), and if an employee applies for maternity leave under the Maternity Benefit Act, during her 84 days of maternity leave, can we include Saturdays and Sundays, or are these days off considered over and above the prescribed maternity leave? Additionally, how should we treat holidays that fall within this period?
Regards,
Govind
"The world suffers a lot. Not because of the violence of bad people,
But because of the silence of good people!"
-- Napoleon
Govind - 9960704146
URL: [Welcome to HOPE Organization](http://www.wix.com/hopegovind/homepage)
Blog: [Speak HR - my HR blog based on my own experience](http://speakhr.blogspot.com)
From India, Mumbai
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87Suppose an organization has a 5-day workweek (i.e., Saturday and Sunday off), and if an employee applies for maternity leave under the Maternity Benefit Act, during her 84 days of maternity leave, can we include Saturdays and Sundays, or are these days off considered over and above the prescribed maternity leave? Additionally, how should we treat holidays that fall within this period?
Regards,
Govind
"The world suffers a lot. Not because of the violence of bad people,
But because of the silence of good people!"
-- Napoleon
Govind - 9960704146
URL: [Welcome to HOPE Organization](http://www.wix.com/hopegovind/homepage)
Blog: [Speak HR - my HR blog based on my own experience](http://speakhr.blogspot.com)
From India, Mumbai
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From India, Ahmadabad
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Carbonless Business Forms
<link updated to site home>
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General business forms
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From India, Ahmadabad
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Dear Govind,
As per the law, she is eligible to avail of the maternity leave of six weeks before and six weeks after delivery, so it doesn't matter what the working culture of the company is, whether it's 5 days or 6 days. Whatever holidays fall in between that period are not given special treatment. Maternity leave will be considered as leave irrespective of how many holidays fall in that duration.
Regards,
Preeti
From India, New Delhi
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As per the law, she is eligible to avail of the maternity leave of six weeks before and six weeks after delivery, so it doesn't matter what the working culture of the company is, whether it's 5 days or 6 days. Whatever holidays fall in between that period are not given special treatment. Maternity leave will be considered as leave irrespective of how many holidays fall in that duration.
Regards,
Preeti
From India, New Delhi
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Dear Friend, It is 84 days from the date of leave irrespective of w.offs, holidays ( including woffs & holidays) Regards - kamesh
From India, Hyderabad
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From India, Hyderabad
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Hi Preeti and Kamesh,
Thank you very much for your reply. I do have a small doubt. According to the Shops and Establishment Act, there should be a weekly off. Considering this, throughout the entire 84-day period, approximately 12 weekly offs should be taken. Shouldn't these 12 weekly offs be excluded from the maternity leave?
I recall there was a decision where it was stated that other leaves and holidays should be excluded from the maternity leave.
Could you please provide further guidance?
Regards,
Govind
From India, Mumbai
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Thank you very much for your reply. I do have a small doubt. According to the Shops and Establishment Act, there should be a weekly off. Considering this, throughout the entire 84-day period, approximately 12 weekly offs should be taken. Shouldn't these 12 weekly offs be excluded from the maternity leave?
I recall there was a decision where it was stated that other leaves and holidays should be excluded from the maternity leave.
Could you please provide further guidance?
Regards,
Govind
From India, Mumbai
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Hi, Maternity leaves for 12 weeks will be paid or not? if paid then how much as per the salary? Regards, Kavya
From India, Pune
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From India, Pune
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Dear Govind Maternity leave (84 days) is inclusive of weekly offs & other holidays. Dear Kavya Maternity leave (12 weeks) is paid one employees gross salary is covered in that. Rgds JC
From India, Bangalore
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From India, Bangalore
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Dear Govind,
It is a general rule in all organizations that when an employee is proceeding on long leave, which may be earned leave, sick leave, or maternity leave, all holidays falling in between the long leave will not be excluded for the purpose of the number of days.
From India, Mumbai
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It is a general rule in all organizations that when an employee is proceeding on long leave, which may be earned leave, sick leave, or maternity leave, all holidays falling in between the long leave will not be excluded for the purpose of the number of days.
From India, Mumbai
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Dear governing,
It doesn't matter if holidays and weekly offs are included. Holidays and weekends after delivery for 84 days are mandatory in the private sector, not the government sector. In the government sector, 120 days of leave is provided.
This ensures that any employee is 100% insured under the Maternity Benefit Act.
Thank you.
From India, Bangalore
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It doesn't matter if holidays and weekly offs are included. Holidays and weekends after delivery for 84 days are mandatory in the private sector, not the government sector. In the government sector, 120 days of leave is provided.
This ensures that any employee is 100% insured under the Maternity Benefit Act.
Thank you.
From India, Bangalore
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HII ALL, thanx for the information. If an employee wants to extend the maternity leave beyond 12 weeks , so in that case will she be paid or not ? Regards Satyasikha
From India, Bhubaneswar
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From India, Bhubaneswar
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Hi Satyasikha,
As per the Maternity Benefit Act, an employee is eligible for six weeks of leave before delivery and six weeks of leave after delivery. If any employee wishes to extend their leave, it will not be paid.
Regards, Vinay Kumar.
From India, Hyderabad
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As per the Maternity Benefit Act, an employee is eligible for six weeks of leave before delivery and six weeks of leave after delivery. If any employee wishes to extend their leave, it will not be paid.
Regards, Vinay Kumar.
From India, Hyderabad
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It depends on company to company. Few companies may grant it, while few companies may consider it as leave without pay. The mandatory leave with pay is only for 84 days, split as 6 weeks before the expected delivery date and 6 weeks after delivery. It cannot be clubbed.
Govind
From India, Mumbai
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Govind
From India, Mumbai
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Dear Satyasikha,
As per Section 10 of the Maternity Benefit Act, 1961, a woman suffering from an illness arising out of pregnancy, delivery, premature birth of a child, miscarriage, medical termination of pregnancy, or tubectomy operation shall, on the production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6 (related to notice of claim), or, as the case may be, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Regards,
Anuj
From India, Lucknow
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As per Section 10 of the Maternity Benefit Act, 1961, a woman suffering from an illness arising out of pregnancy, delivery, premature birth of a child, miscarriage, medical termination of pregnancy, or tubectomy operation shall, on the production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6 (related to notice of claim), or, as the case may be, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Regards,
Anuj
From India, Lucknow
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Hi Govind, In plain and simple language it is 84 calendar days maternity leave i.e. it includes weekly offs and holidays. regards
From India, Mumbai
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From India, Mumbai
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Dear Govind,
Our colleagues who are on maternity leave, like any other leave, are not entitled to holidays, weekly offs, festivals, etc. Previously, it was for 3 months (90 days), to be taken in two parts – before and after delivery equally. Now, it has been extended to six months (180 days) for government employees (as far as I know), to be taken as convenient and required by the expecting female employee, but in a continuous stretch.
During this time, she can only enjoy one benefit at a time, as someone else is being paid on her behalf in her absence, almost all the time.
Please correct me if I'm wrong.
Regards, Liboy Bonny +918670777611
From India, Durgapur
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Our colleagues who are on maternity leave, like any other leave, are not entitled to holidays, weekly offs, festivals, etc. Previously, it was for 3 months (90 days), to be taken in two parts – before and after delivery equally. Now, it has been extended to six months (180 days) for government employees (as far as I know), to be taken as convenient and required by the expecting female employee, but in a continuous stretch.
During this time, she can only enjoy one benefit at a time, as someone else is being paid on her behalf in her absence, almost all the time.
Please correct me if I'm wrong.
Regards, Liboy Bonny +918670777611
From India, Durgapur
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Dear Govind,
Your basic question is whether holidays and off-days are exclusive to the 84 days allowed for maternity leave. Let's say there are six off-days during that period and two holidays. You are suggesting that the individual should be allowed 84 + 6 + 2 days as maternity leave.
Maternity benefit is the leave permitted upon the perception that due to pregnancy, a woman worker may not be able to perform her work for a period of 42 days prior to delivery and 42 days post-delivery. And that is it. Any other suggestion will make it prone to interpretation, leading to subjective advantage to some individuals, which will make it unfair.
The permitted 84 days are paid leave. Section 10 caters for unforeseen contingencies for a period of up to one month. In case more time is required for recuperation/convalescence, the company may grant the same with or without pay as per its policy.
Good luck.
Colonel Gahlot, Proprietor TRURECRUIT
From India, Delhi
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Your basic question is whether holidays and off-days are exclusive to the 84 days allowed for maternity leave. Let's say there are six off-days during that period and two holidays. You are suggesting that the individual should be allowed 84 + 6 + 2 days as maternity leave.
Maternity benefit is the leave permitted upon the perception that due to pregnancy, a woman worker may not be able to perform her work for a period of 42 days prior to delivery and 42 days post-delivery. And that is it. Any other suggestion will make it prone to interpretation, leading to subjective advantage to some individuals, which will make it unfair.
The permitted 84 days are paid leave. Section 10 caters for unforeseen contingencies for a period of up to one month. In case more time is required for recuperation/convalescence, the company may grant the same with or without pay as per its policy.
Good luck.
Colonel Gahlot, Proprietor TRURECRUIT
From India, Delhi
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Dear Satyasikha,
Please note that as per Section 10 of The Maternity Benefit Act, 1961, a woman suffering from an illness arising out of pregnancy, delivery, premature birth of a child (miscarriage, medical termination of pregnancy, or tubectomy operation) shall be entitled, in addition to the period of absence allowed to her, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Regards,
Kuldeep Singh
From India, Vijayawada
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Please note that as per Section 10 of The Maternity Benefit Act, 1961, a woman suffering from an illness arising out of pregnancy, delivery, premature birth of a child (miscarriage, medical termination of pregnancy, or tubectomy operation) shall be entitled, in addition to the period of absence allowed to her, to leave with wages at the rate of maternity benefit for a maximum period of one month.
Regards,
Kuldeep Singh
From India, Vijayawada
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@ Colonel Gahlot
Well said, and I agree with you. I completely accept your view. Yes, an organization, at its sole discretion, may exclude holidays and weekly offs, and can provide extended maternity leave as a good gesture or practice. The main point is that any organization should comply with the minimum requirements, and the Act should not be conflicting. For example, as per the Shops and Establishments Act, an employee is entitled to 1 day of leave for every 20 days worked (i.e., PL) and a weekly off too. If a labor inspector visits and raises questions, then an organization should not suffer.
Regards
Govind
From India, Mumbai
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Well said, and I agree with you. I completely accept your view. Yes, an organization, at its sole discretion, may exclude holidays and weekly offs, and can provide extended maternity leave as a good gesture or practice. The main point is that any organization should comply with the minimum requirements, and the Act should not be conflicting. For example, as per the Shops and Establishments Act, an employee is entitled to 1 day of leave for every 20 days worked (i.e., PL) and a weekly off too. If a labor inspector visits and raises questions, then an organization should not suffer.
Regards
Govind
From India, Mumbai
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Dear sirs,
The Maternity leave is for 84 days, and intervening holidays and days off are to be part of the leave. A weekly off with pay is allowed for employees who work for 48 hours in a week; hence, it is not applicable for employees on Maternity leave. This is a special leave.
An employee on maternity leave is not eligible for Paid Leave for those 84 days, which equates to 1 day of leave for every 20 working days, as she has not actually worked on those days. Even the labor inspector or any statutory authority cannot question this specific leave process, and there is no issue for the organization as they cannot issue any notice or raise any concerns regarding this matter.
Thanks and regards - Kamesh
From India, Hyderabad
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The Maternity leave is for 84 days, and intervening holidays and days off are to be part of the leave. A weekly off with pay is allowed for employees who work for 48 hours in a week; hence, it is not applicable for employees on Maternity leave. This is a special leave.
An employee on maternity leave is not eligible for Paid Leave for those 84 days, which equates to 1 day of leave for every 20 working days, as she has not actually worked on those days. Even the labor inspector or any statutory authority cannot question this specific leave process, and there is no issue for the organization as they cannot issue any notice or raise any concerns regarding this matter.
Thanks and regards - Kamesh
From India, Hyderabad
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Dear Govind,
Weekly offs are given when an employee has worked for that particular week, be it a 5-day working week or a 6-day working week. To earn that weekly off, the employee should be present the week before. Since the employee is on maternity leave, she has not worked that week to earn the weekly off, and hence she will not be eligible for the weekly off during her maternity leave period. Moreover, when an employee goes on maternity leave, any public/national holidays falling during that period will be included in the maternity leave.
Hope this clears your doubt on the weekly off eligibility criteria for maternity leave.
From India, Mumbai
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Weekly offs are given when an employee has worked for that particular week, be it a 5-day working week or a 6-day working week. To earn that weekly off, the employee should be present the week before. Since the employee is on maternity leave, she has not worked that week to earn the weekly off, and hence she will not be eligible for the weekly off during her maternity leave period. Moreover, when an employee goes on maternity leave, any public/national holidays falling during that period will be included in the maternity leave.
Hope this clears your doubt on the weekly off eligibility criteria for maternity leave.
From India, Mumbai
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Hi Satyasikha,
If an employee extends her leave granted to her as maternity leave up to the specified eligible period, the leave she is extending will be granted to her if she has other leave in credit such as earned leave, sick leave, as the case may be. In the absence of leave in credit, her extended period of leave would be treated as Extraordinary Leave, in which she would not be eligible for salary for the period she remains on leave.
From India, Mumbai
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If an employee extends her leave granted to her as maternity leave up to the specified eligible period, the leave she is extending will be granted to her if she has other leave in credit such as earned leave, sick leave, as the case may be. In the absence of leave in credit, her extended period of leave would be treated as Extraordinary Leave, in which she would not be eligible for salary for the period she remains on leave.
From India, Mumbai
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Respected Seniors, I have bit confusion in amount of maternity leave.Is it gross salary of 84 days or basic? Your prompt reply will be appreciated. Thanks & regards,
From India, Ambala
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From India, Ambala
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Satya, If the Maternity leave extended beyond permissble period considered 'loss of pay' as per practice. However, treating as paid leave is - discretion of the company Shameem
From India, Madras
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From India, Madras
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Hi All Employee can extend her maternity leave beyond 12 weeks, but she will not be paid....
From India, Bangalore
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From India, Bangalore
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Thank you for sharing views and valuable discussions.
I would like to get clarified on the following points:
1. Is there a salary ceiling for entitlements like ESIC, EPF, Gratuity, Bonus?
2. If a female is covered under the ESI Act, is it mandatory for the employer to pay 84 days' salary?
3. If the ESI Act is applicable to an establishment but a female does not fall under the Act due to her salary exceeding the prescribed limit, is she entitled to such benefits from the employer?
4. Should maternity benefit calculation be based only on Basic+DA or should it include allowances that she earns regularly, such as HRA, CONVEYANCE, BUSINESS PROMOTION ALL, LTA, FOOD ALL, EDUCATION, Washing ALL, etc.? Certain allowances are related to actual presence, work, and/or performance like conveyance, business promotion, food, washing LTA, hence this query.
5. When is the 12 weeks' benefit due to a female? Is it monthly, one time before or after 84 days?
6. Can a female apply for leave very early, say less than 6 weeks before expected delivery? Can the employer reject leave for such a period? If not, then what would be the method of payment or the applicability of the act?
7. It is frequently happening that females take leave/absence as mentioned in point no. 3, and after receiving benefits, they do not return to work. Is there a solution for this?
Participation and discussions on these points are welcome.
Regards,
Pramod Thakar
Pune
From India, Pune
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I would like to get clarified on the following points:
1. Is there a salary ceiling for entitlements like ESIC, EPF, Gratuity, Bonus?
2. If a female is covered under the ESI Act, is it mandatory for the employer to pay 84 days' salary?
3. If the ESI Act is applicable to an establishment but a female does not fall under the Act due to her salary exceeding the prescribed limit, is she entitled to such benefits from the employer?
4. Should maternity benefit calculation be based only on Basic+DA or should it include allowances that she earns regularly, such as HRA, CONVEYANCE, BUSINESS PROMOTION ALL, LTA, FOOD ALL, EDUCATION, Washing ALL, etc.? Certain allowances are related to actual presence, work, and/or performance like conveyance, business promotion, food, washing LTA, hence this query.
5. When is the 12 weeks' benefit due to a female? Is it monthly, one time before or after 84 days?
6. Can a female apply for leave very early, say less than 6 weeks before expected delivery? Can the employer reject leave for such a period? If not, then what would be the method of payment or the applicability of the act?
7. It is frequently happening that females take leave/absence as mentioned in point no. 3, and after receiving benefits, they do not return to work. Is there a solution for this?
Participation and discussions on these points are welcome.
Regards,
Pramod Thakar
Pune
From India, Pune
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Yes,
ESIC: up to gross salary of 1500.
EPF: mandatory to cover employees drawing basic + DA up to 6500.
Gratuity: Everyone needs to be covered, with a maximum payable amount of 10 Lakhs.
Bonus: Yes, up to basic salary of 6500.
2. No, if already covered under ESIC, then it is not mandatory to pay.
3. Yes, the employer has to provide leave with pay for maternity leave.
4. No, the calculation should be based on her full regular wages. You may not be required to pay allowances depending on her presence if her appointment letter states so.
5. Maternity leave is for 6 weeks before the delivery of the child and 6 weeks after. It cannot be combined.
6. It is not mandatory for the employer to extend leave for more than 6 weeks. However, as a gesture of goodwill, if her health conditions require it, such leave should be granted. Any leave exceeding the 6-week period can be without pay, but for the initial 6 weeks, payment is required.
7. The only recourse is counseling or termination post-counseling and due warning. However, when she is on maternity leave and receiving maternity benefits, termination is not permissible.
From India, Mumbai
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ESIC: up to gross salary of 1500.
EPF: mandatory to cover employees drawing basic + DA up to 6500.
Gratuity: Everyone needs to be covered, with a maximum payable amount of 10 Lakhs.
Bonus: Yes, up to basic salary of 6500.
2. No, if already covered under ESIC, then it is not mandatory to pay.
3. Yes, the employer has to provide leave with pay for maternity leave.
4. No, the calculation should be based on her full regular wages. You may not be required to pay allowances depending on her presence if her appointment letter states so.
5. Maternity leave is for 6 weeks before the delivery of the child and 6 weeks after. It cannot be combined.
6. It is not mandatory for the employer to extend leave for more than 6 weeks. However, as a gesture of goodwill, if her health conditions require it, such leave should be granted. Any leave exceeding the 6-week period can be without pay, but for the initial 6 weeks, payment is required.
7. The only recourse is counseling or termination post-counseling and due warning. However, when she is on maternity leave and receiving maternity benefits, termination is not permissible.
From India, Mumbai
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I have not withdrawn my PF. The account was closed since 2001. How can I withdraw the same now. Please guide me as to the procedure. Will I get interest for all these years on the existing amount which is with the PF authorities.
Now I am based in Hyderabad. The PF contribution was done in Tamil Nadu.
Thanks,
Satyanarayan
From India, Hyderabad
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Now I am based in Hyderabad. The PF contribution was done in Tamil Nadu.
Thanks,
Satyanarayan
From India, Hyderabad
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Satyanarayan,
I don't know what your query has to do with maternity leave?! But the answer to your question, as I read it:
1. Yes, you can withdraw your PF even now.
2. You have to have a savings account in a nationalized bank. Fill up your withdrawal form and have it signed by the owner or authorized signatory of your erstwhile company and deposit it in the EPF office where the deposits have been made. You will get the amount after 2-6 months.
3. Remember that from this year you do not get interest on the deposited amount if no deposit has been made in the account for the last three years.
Good luck.
Colonel Gahlot
From India, Delhi
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I don't know what your query has to do with maternity leave?! But the answer to your question, as I read it:
1. Yes, you can withdraw your PF even now.
2. You have to have a savings account in a nationalized bank. Fill up your withdrawal form and have it signed by the owner or authorized signatory of your erstwhile company and deposit it in the EPF office where the deposits have been made. You will get the amount after 2-6 months.
3. Remember that from this year you do not get interest on the deposited amount if no deposit has been made in the account for the last three years.
Good luck.
Colonel Gahlot
From India, Delhi
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Hi Pramod,
1. Salary Ceiling limit for ESIC is Gross Salary > 15000, for EPF the new entrants who cross 6500 basic are not required to join the EPF. Except for these, all other employees are required to pay contributions. For Gratuity, an employee who crosses 5 years of service with the organization. The formula is 15/16*Last drawn basic*No. of yrs of Service. For Bonus, the eligibility criteria are any company which completes 5 years, the sixth year all the employees are eligible at the rate of Min 8.33% - 20% of the basic.
2. It is mandatory that female employees covered under ESIC will get paid for 84 days, but here the employer need not pay. ESIC will pay their salary based on gross salary calculations excluding holidays & weekly offs.
Regards, Vinay Kumar.
From India, Hyderabad
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1. Salary Ceiling limit for ESIC is Gross Salary > 15000, for EPF the new entrants who cross 6500 basic are not required to join the EPF. Except for these, all other employees are required to pay contributions. For Gratuity, an employee who crosses 5 years of service with the organization. The formula is 15/16*Last drawn basic*No. of yrs of Service. For Bonus, the eligibility criteria are any company which completes 5 years, the sixth year all the employees are eligible at the rate of Min 8.33% - 20% of the basic.
2. It is mandatory that female employees covered under ESIC will get paid for 84 days, but here the employer need not pay. ESIC will pay their salary based on gross salary calculations excluding holidays & weekly offs.
Regards, Vinay Kumar.
From India, Hyderabad
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Hi, can anybody suggest me which mail i have to send to staff for republic day wishes? Waiting for early reply....
From India, Pune
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From India, Pune
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Can anyone give information that maternity leave for 84 days should be paid by company or ESI. If ESI then please tell me the procedure.
From India, Mumbai
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From India, Mumbai
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The Act clearly states that the remuneration is to be paid by the employer in the first instance. Thereafter, the same with appropriate documents and receipts should be claimed by the employer from ESIC. All relevant forms are available and provided by ESIC.
Kindly contact your local ESIC office.
Good luck.
Colonel Gahlot, Proprietor 'TRURECRUIT'
From India, Delhi
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Kindly contact your local ESIC office.
Good luck.
Colonel Gahlot, Proprietor 'TRURECRUIT'
From India, Delhi
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In case the employee is covered under ESI, there is no responsibility for the employer. ESI will take care of the maternity leave-related payment. The employer has to pay the Medical Bonus only.
Regards,
Kamesh
From India, Hyderabad
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Regards,
Kamesh
From India, Hyderabad
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Hi, If an employee wants to extend the maternity leave beyond 12 weeks she can avail one more month with wages.
From India, Pune
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From India, Pune
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You can extend for a further period of 6 weeks subject to your Doctors Certificate requiring such rest. You will also be eligible to get the same as paid leave.
From India, Thana
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From India, Thana
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Hi,
One of my company's employees is going on leave. As per my knowledge, maternity leave duration is for 6 months - 3 months before and 3 months after the expected date. Is this not applicable to a Pvt Ltd company?
Additionally, she is receiving 21k in hand per month and does not fall under ESIC deduction. Please confirm if there would be any changes in her monthly take-home pay during maternity leave. Our company's salary breakup includes Basic, HRA, city allowance, medical allowance, and conveyance. There are deductions for PF, PT, and mediclaim.
From India, Pune
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One of my company's employees is going on leave. As per my knowledge, maternity leave duration is for 6 months - 3 months before and 3 months after the expected date. Is this not applicable to a Pvt Ltd company?
Additionally, she is receiving 21k in hand per month and does not fall under ESIC deduction. Please confirm if there would be any changes in her monthly take-home pay during maternity leave. Our company's salary breakup includes Basic, HRA, city allowance, medical allowance, and conveyance. There are deductions for PF, PT, and mediclaim.
From India, Pune
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Hi,
As per The Maternity Benefit Act, if an employee has contributed a minimum of 80 working days in the preceding twelve months, then she is eligible for twelve weeks of maternity leave, i.e., six weeks before and six weeks after delivery. Yes, the weekly offs and paid holidays falling in between would be counted as part of the 12 weeks of maternity leave. The employee in question shall be paid a salary as if she was on regular paid leave.
However, it is not mandatory for a female employee to start availing leave six weeks prior to delivery. It is observed that female employees prefer to stay active, continuing to work until a week before delivery (at their own risk - Companies need to ensure that a proper medical certificate is in place), and then avail the remaining eleven weeks of maternity leave post-delivery.
GOD BLESS the young female employee who is expecting and her family. We hope and pray that the young couple has a healthy child.
Regards,
Attribution: https://www.citehr.com/378529-matern...#ixzz29AH5AWGs
From India, Mumbai
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As per The Maternity Benefit Act, if an employee has contributed a minimum of 80 working days in the preceding twelve months, then she is eligible for twelve weeks of maternity leave, i.e., six weeks before and six weeks after delivery. Yes, the weekly offs and paid holidays falling in between would be counted as part of the 12 weeks of maternity leave. The employee in question shall be paid a salary as if she was on regular paid leave.
However, it is not mandatory for a female employee to start availing leave six weeks prior to delivery. It is observed that female employees prefer to stay active, continuing to work until a week before delivery (at their own risk - Companies need to ensure that a proper medical certificate is in place), and then avail the remaining eleven weeks of maternity leave post-delivery.
GOD BLESS the young female employee who is expecting and her family. We hope and pray that the young couple has a healthy child.
Regards,
Attribution: https://www.citehr.com/378529-matern...#ixzz29AH5AWGs
From India, Mumbai
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc