we all know that there is a rule that the maternity leave shall be availed before 42 days and after 42 days to the delivery date. However, if any Pregnant women extends her maximum working period in the company to her actual delivery date. in that case, can she avail 84 days benefit at a one stretch after her delivery.
please reply in urgent. we have such case to handle.
Sud...
From India, Pune
please reply in urgent. we have such case to handle.
Sud...
From India, Pune
1. Dear member, it will be more better, if you may indicate as to under which law i.e. whether either under the Maternity Benefit Act, 1961 or under ESI Act, 1948 you want clarification/discussion on the issue as raised by you as above.
2. However, in case you want a clarification in respect of ESI Act, then I think to avail total benefit for 84 days at a stretch after delivery, in my opinion, will be violation of section 56(2) of said Act.
3. I am also doubtful whether the Insurance Medical Officer of ESI dispensary will issue such certificate for "84 days benefit at a one stretch after her delivery".
From India, Noida
9232. However, in case you want a clarification in respect of ESI Act, then I think to avail total benefit for 84 days at a stretch after delivery, in my opinion, will be violation of section 56(2) of said Act.
3. I am also doubtful whether the Insurance Medical Officer of ESI dispensary will issue such certificate for "84 days benefit at a one stretch after her delivery".
From India, Noida
Dear member, this thread appears to be a duplicate thread. Please see thread:
https://www.citehr.com/537502-matern...-delivery.html
From India, Noida
https://www.citehr.com/537502-matern...-delivery.html
From India, Noida
Dear member, my above 2nd post was recorded due to mistake and error. The said 2nd post may kindly be ignored.
From India, Noida
From India, Noida
Dear Mehta Sir,
the employee is not cover under the ESIC Act... She is cover under maternity Benefit Act 1961. what would be the provision if she wants to take all 84 days leave at a one stretch after delivering the baby.
From India, Pune
the employee is not cover under the ESIC Act... She is cover under maternity Benefit Act 1961. what would be the provision if she wants to take all 84 days leave at a one stretch after delivering the baby.
From India, Pune
Now govt is allowing full maternity leave at a stretch from its commencement which cannot be later than date of confinement i.e. date of delivery.
Dear Sir, please note that a lady needs leave after confinement for her recovery and for tender care of her infant, if she remains fit before delivery. And you have also to grant her 84 days leave, then why to put bars of pre/post delivery period.
Thanks
V K Gupta
From India, Panipat
Dear Sir, please note that a lady needs leave after confinement for her recovery and for tender care of her infant, if she remains fit before delivery. And you have also to grant her 84 days leave, then why to put bars of pre/post delivery period.
Thanks
V K Gupta
From India, Panipat
A pregnant woman shall be entitled to receive maternity benefit for 12 weeks (of which not more than 6 weeks shall be before the expected date of delivery.) -Sec 5 (3) of The Maternity Benefit Act 1961. Thus she can avail all 12 weeks after her actual delivery; if she has not taken maternity leave until the date of delivery. She has to be eligible (worked 80 days in the preceding year and not availing ESI as someone has stated in the previous response.
Trust you have got the answer.
A S Bhat
From India, Pune
Trust you have got the answer.
A S Bhat
From India, Pune
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc