rayappa
9

Dear All,
can anyone tell me the maternity leaves rules for private concerns in india.
1)One of my staff will going on metrnity leave soon, but she wants to go on meternity leave after completion of 9 months of her pregnacy and take continue 12 weeks leave , as per rule is it right?
2) Which forms need to fill up before going on Meternity leave whose salary more than 10000?
3) Those who are getting the salary above 10,000 ,will not get or gate full days salary.
Please Help me.

From India, Pune
soniahr
1

Hi ,
According to maternity law she is eligible to take the Maternity leave even if she come to office even on date of delivery.
Their are no forms to be filled,it is as per comany process. On maternity leave on is eligible to get full salary.
Regards,
Sonia

From India, New Delhi
R.N.Khola
363

Dear

If your unit is covered under The Maternity Benefit Act, 1961 then you are to go through your State Maternity Benefit Rules.

According section 5(3) 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 it is clear that strictly according to law she can not take twelve weeks leaves after the date of delivery but if the employer wants to help her he can give these leaves of twelve weeks after the date of delivery.

The woman employee shall give notice to the management regarding his absence under section 6 of this Act in the format prescribed under your State M B Rules. Certificate of pregnancy & child birth are also to submit to you from the prescribed authority as shown in the Rules. According to section 6(3) any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

If the woman employee is entitled to receive the maternity benefit under this Act then according to this Act an ‘woman’ means a woman employed , whether directly or through any agency, for wages in any establishment & thus it is clear that wage ceiling is not provided in granting maternity benefit.

Hope this clarifies your query.

With Regards,

R.N.Khola




From India, Delhi
sudhirchand
Can any one help me to resolve this query, what is the rule of maternity leaves as per amendment in section 5(3)?
From India, Faridabad
R.N.Khola
363

Dear Member, Let us know the amendment of section 5(3). With Regards, R.N.Khola
From India, Delhi
aparnakhandeparker
1

Dear Sir,
Please refer Maternity Benefit Act 1961, where in all rules and regaulation , how to apply n what is eligibility is fully covered under that. Company has to pay 90days salary ie. 3 mnths which can be 1.5 mnths before and 1.5 mnths after delivery.
thnks
Aparna

From India, Pune
R.N.Khola
363

Dear Aparna,
Under the Maternity Benefit Act, 1961 the eligible employee can get maximum 84 days of maternity leaves ( benefit) & not three months. For more details Plz go through section 5 of this Act.
[SIZE=1]R.N.Khola
[B][COLOR=#3366ff][FONT=Verdana]

From India, Delhi
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