Dear Seniors,
We have a situation in our company. An employee (designation - Project Leader) has been on leave since mid-December due to health conditions. It all started by availing 1 week's leave due to the confirmation of pregnancy. Her doctor advised her bed rest, so the company gave her leave for a week. Now this leave has been extended until almost the last week of March. (Please note that there is no sanctioning of leaves taken until March.)
She then sends emails related to her joining back the office on 1st April on a half-day working basis, that too again if her doctor says okay. The company advised her to take complete rest due to health conditions and also because there was no work/project assigned to her.
She has worked from home for around 8 to 10 days in December, which was sanctioned by her HOD. She now wants to claim her Maternity benefits and also the work-from-home salary.
Is she eligible for maternity benefits now? Please advise.
Regards,
Anuradha
From India, Pune
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22We have a situation in our company. An employee (designation - Project Leader) has been on leave since mid-December due to health conditions. It all started by availing 1 week's leave due to the confirmation of pregnancy. Her doctor advised her bed rest, so the company gave her leave for a week. Now this leave has been extended until almost the last week of March. (Please note that there is no sanctioning of leaves taken until March.)
She then sends emails related to her joining back the office on 1st April on a half-day working basis, that too again if her doctor says okay. The company advised her to take complete rest due to health conditions and also because there was no work/project assigned to her.
She has worked from home for around 8 to 10 days in December, which was sanctioned by her HOD. She now wants to claim her Maternity benefits and also the work-from-home salary.
Is she eligible for maternity benefits now? Please advise.
Regards,
Anuradha
From India, Pune
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Dear Anuradha,
She is not eligible for Maternity benefit. As per the Maternity Act, a lady worker is entitled to leave before six weeks of delivery and after six weeks of delivery. Therefore, she is not eligible for Maternity benefit.
Regards,
Ranvijay
Patna
From India, Pune
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She is not eligible for Maternity benefit. As per the Maternity Act, a lady worker is entitled to leave before six weeks of delivery and after six weeks of delivery. Therefore, she is not eligible for Maternity benefit.
Regards,
Ranvijay
Patna
From India, Pune
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Hi Anuradha,
As per the Maternity Benefit (Amendment) Bill, 2007 passed by the parliament, the maternity leave to be given to a woman who is pregnant is up to 12 weeks, say 3 months. If she is ill after the delivery of a child, she is entitled to an additional 1-month leave with wages. If she miscarries, then she is entitled to another 6 weeks, i.e., 1 1/2 months of leave. All these leaves are with wages, not on loss of pay.
Furthermore, the employer has to pay a medical bonus of Rs. 1000.00 towards her medical expenses.
The act covers all employed women in factories, mines, circus industry, plantations, and shops and establishments employing 10 or more persons, except the employees covered under the Employees State Insurance (ESI) for certain periods before and after childbirth, and provides for maternity and other benefits.
If your company is covered by ESI and the said lady you were referring to is covered by ESI, then the ESI organization shall take care of the payment of all maternity benefits such as payment of wages for the leaves to be granted as cited above. The employer only has to pay the Medical Bonus of Rs. 1000.00 in total, and the woman you have referred to has to get a check-up from ESI Hospital doctors, obtain leave from ESI doctors, and submit a copy to the employer. When she joins duties, she has to get the discharge form leave certificate from ESI Doctors and submit the same to the employer.
In your case, you have to pay the wages for all the periods she was on leave as advised by her doctor for taking bed rest and certified, as you said. The leave period is also within the permitted leave to be granted to a pregnant woman. However, she is in the early stages of pregnancy, so she has to go on loss of pay if she wants to take leave at the time of delivery period, i.e., before and after delivery, as per the rules of maternity. If she gives you in writing that she would not insist on leave with wages at the time of delivery, before and after, then the employer can sanction leave with wages for the stipulated leave schedule as per the maternity rules cited above and stop paying the leave wages at the time of delivery.
Any decision by the employer has to be in the orbit of natural justice. After all, we are human beings and we have to act accordingly, not too tough with the employee as they are the human capital of any organization.
Mohan Rao
Manager HR
From India, Visakhapatnam
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As per the Maternity Benefit (Amendment) Bill, 2007 passed by the parliament, the maternity leave to be given to a woman who is pregnant is up to 12 weeks, say 3 months. If she is ill after the delivery of a child, she is entitled to an additional 1-month leave with wages. If she miscarries, then she is entitled to another 6 weeks, i.e., 1 1/2 months of leave. All these leaves are with wages, not on loss of pay.
Furthermore, the employer has to pay a medical bonus of Rs. 1000.00 towards her medical expenses.
The act covers all employed women in factories, mines, circus industry, plantations, and shops and establishments employing 10 or more persons, except the employees covered under the Employees State Insurance (ESI) for certain periods before and after childbirth, and provides for maternity and other benefits.
If your company is covered by ESI and the said lady you were referring to is covered by ESI, then the ESI organization shall take care of the payment of all maternity benefits such as payment of wages for the leaves to be granted as cited above. The employer only has to pay the Medical Bonus of Rs. 1000.00 in total, and the woman you have referred to has to get a check-up from ESI Hospital doctors, obtain leave from ESI doctors, and submit a copy to the employer. When she joins duties, she has to get the discharge form leave certificate from ESI Doctors and submit the same to the employer.
In your case, you have to pay the wages for all the periods she was on leave as advised by her doctor for taking bed rest and certified, as you said. The leave period is also within the permitted leave to be granted to a pregnant woman. However, she is in the early stages of pregnancy, so she has to go on loss of pay if she wants to take leave at the time of delivery period, i.e., before and after delivery, as per the rules of maternity. If she gives you in writing that she would not insist on leave with wages at the time of delivery, before and after, then the employer can sanction leave with wages for the stipulated leave schedule as per the maternity rules cited above and stop paying the leave wages at the time of delivery.
Any decision by the employer has to be in the orbit of natural justice. After all, we are human beings and we have to act accordingly, not too tough with the employee as they are the human capital of any organization.
Mohan Rao
Manager HR
From India, Visakhapatnam
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Dear Anuradha,
After explaining the situation, you have asked for our advice on the payment of maternity benefits to your Project Director. I would like to suggest that if the Maternity Benefit Act, 1961 is applicable to your unit and the employee has worked for actually eighty days in your unit, then she is entitled to have the maternity benefit from you. For more details, you may also go through section 5 of this Act to make a decision on the matter.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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After explaining the situation, you have asked for our advice on the payment of maternity benefits to your Project Director. I would like to suggest that if the Maternity Benefit Act, 1961 is applicable to your unit and the employee has worked for actually eighty days in your unit, then she is entitled to have the maternity benefit from you. For more details, you may also go through section 5 of this Act to make a decision on the matter.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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I assume yours is an IT company and covered under S&E Act. Hence, as rightly said above, she must complete 80 days in your company to be first eligible for any benefit under MBA. I assume she fulfills that.
Second, against any leave she takes prior to confinement, you must adjust that against her quota of annual leave, sick leave, casual leave, etc., as per the leave rules of your company. For any excess leave, you must put her under Leave without Pay/Loss of Pay mode.
Please start her Maternity Leave (ML) from the day she informs you in writing, on the commencement of the same. And yes, do not forget to start her salary too, until she completes the ML period.
Best wishes
From India, Delhi
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Second, against any leave she takes prior to confinement, you must adjust that against her quota of annual leave, sick leave, casual leave, etc., as per the leave rules of your company. For any excess leave, you must put her under Leave without Pay/Loss of Pay mode.
Please start her Maternity Leave (ML) from the day she informs you in writing, on the commencement of the same. And yes, do not forget to start her salary too, until she completes the ML period.
Best wishes
From India, Delhi
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Dear Anuradha,
Of course, your query is incomplete. When she delivered a baby is not mentioned in your query. If she has worked more than 80 days in your organization, then she will be entitled to maternity leave of 12 weeks, out of which not more than 6 weeks' leave can be availed before the delivery of the child.
Regards,
JS Malik
From India, Delhi
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Of course, your query is incomplete. When she delivered a baby is not mentioned in your query. If she has worked more than 80 days in your organization, then she will be entitled to maternity leave of 12 weeks, out of which not more than 6 weeks' leave can be availed before the delivery of the child.
Regards,
JS Malik
From India, Delhi
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Most foolish comment I have ever come across in CiteHR.
Dear Friend,
Are you working in the HR Dept. or some other department? If you are in HR, please do not give such utterly foolish opinions in public. You will land yourself and your employer in a problem. Denying Maternity Leave is a punishable offense.
Please STUDY the Maternity Benefit Act.
From India, Delhi
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Dear Friend,
Are you working in the HR Dept. or some other department? If you are in HR, please do not give such utterly foolish opinions in public. You will land yourself and your employer in a problem. Denying Maternity Leave is a punishable offense.
Please STUDY the Maternity Benefit Act.
From India, Delhi
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Hi,
I agree with Mr. Khole, Prasenjit, and Malik. She has worked for the preceding 80 days in the organization, so we will have to give her the maternity leave. If anyone would like to shed more light on this issue, please do so. Thanks a lot for all your advice.
Regards, Anuradha
From India, Pune
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I agree with Mr. Khole, Prasenjit, and Malik. She has worked for the preceding 80 days in the organization, so we will have to give her the maternity leave. If anyone would like to shed more light on this issue, please do so. Thanks a lot for all your advice.
Regards, Anuradha
From India, Pune
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Dear Raj Kumar,
I don't think Ranvijay mentioned something wrong. In fact, he mentioned that the LADY is eligible for 6 weeks before the delivery and 6 weeks after the delivery. Maybe he did not understand the query.
The query was a bit unclear even to me. I thought the lady was claiming the leave she took from December (the start of her pregnancy cycle) until March as maternity - which is not possible. Assuming that the due date should have been somewhere between August and the first week of September - I guess so... She must have been one month pregnant in December...
So she should have taken leave already in July or August.
The query is confusing. As Mr. Malik has pointed out, there is no info on whether she has delivered or not.
Ranvijay is aware of the maternity benefit. Just like how I got confused - even he must have.
It's a kind request to not make one feel bad for posting their query here - unless and until it calls for that. I urge you to read the post by Ranvijay, where initially he did state that she can't avail (because he thought she was claiming for it much earlier than the actual recommended), and later he even clarified it stating that only 6 weeks prior or before delivery can the leave be taken.
(It's better to react after reading things at least twice - I am no better though, but no harm in suggesting)
From India, Madras
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I don't think Ranvijay mentioned something wrong. In fact, he mentioned that the LADY is eligible for 6 weeks before the delivery and 6 weeks after the delivery. Maybe he did not understand the query.
The query was a bit unclear even to me. I thought the lady was claiming the leave she took from December (the start of her pregnancy cycle) until March as maternity - which is not possible. Assuming that the due date should have been somewhere between August and the first week of September - I guess so... She must have been one month pregnant in December...
So she should have taken leave already in July or August.
The query is confusing. As Mr. Malik has pointed out, there is no info on whether she has delivered or not.
Ranvijay is aware of the maternity benefit. Just like how I got confused - even he must have.
It's a kind request to not make one feel bad for posting their query here - unless and until it calls for that. I urge you to read the post by Ranvijay, where initially he did state that she can't avail (because he thought she was claiming for it much earlier than the actual recommended), and later he even clarified it stating that only 6 weeks prior or before delivery can the leave be taken.
(It's better to react after reading things at least twice - I am no better though, but no harm in suggesting)
From India, Madras
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Hi,
I have gone through your query and the comments posted by our colleagues on this platform. Please find my comments below:
1. According to section 5(2) of the MBA, one must fulfill the eligibility requirement, i.e., 80 days of work immediately before the expected delivery date. Based on this, I presume that she has not worked for the specified period, assuming her expected date of delivery was August 2009, as she confirmed her pregnancy in December.
2. Assuming she has not been terminated or dismissed from employment, she is entitled to return to work after six weeks from the delivery date, even though she has been on leave since December.
3. As per section 10 of the MBA, she can take one month of paid leave in addition to maternity leave. Therefore, you will need to provide paid leave for one month under this section and not under section 5 (Maternity Benefit) as she does not meet the preconditions for that.
4. Regarding her approved work-from-home arrangement, you must pay her salary for that period as if she had reported to work.
Apart from the payments mentioned in points 3 and 4 above, you may allow her to take leave without pay.
I hope this resolves your query. I have attached the MBA for your reference (possibly an older version).
From India, Mumbai
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I have gone through your query and the comments posted by our colleagues on this platform. Please find my comments below:
1. According to section 5(2) of the MBA, one must fulfill the eligibility requirement, i.e., 80 days of work immediately before the expected delivery date. Based on this, I presume that she has not worked for the specified period, assuming her expected date of delivery was August 2009, as she confirmed her pregnancy in December.
2. Assuming she has not been terminated or dismissed from employment, she is entitled to return to work after six weeks from the delivery date, even though she has been on leave since December.
3. As per section 10 of the MBA, she can take one month of paid leave in addition to maternity leave. Therefore, you will need to provide paid leave for one month under this section and not under section 5 (Maternity Benefit) as she does not meet the preconditions for that.
4. Regarding her approved work-from-home arrangement, you must pay her salary for that period as if she had reported to work.
Apart from the payments mentioned in points 3 and 4 above, you may allow her to take leave without pay.
I hope this resolves your query. I have attached the MBA for your reference (possibly an older version).
From India, Mumbai
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Procedure to avail maternity benefit.jpg
Creche under Maternity Benefit Act.pdf