Dear sir/madam, I'm working one of the automotive company, i dont want to take maternity leave before child birth ,i want to take 6 months continuous after child birth when i discuss with my company they telling that we have a company rule that u must take 3 months before delivery & after delivery 3 months.. I discussed to ESi doctor he said that we refer only delivery 2 weeks before then u take 6 months continuously including that 2 weeks.kindly suggest what i have to do now?
From India, Hyderabad
From India, Hyderabad
The requirement of apportioning the Maternity leave into 50% each before and after delivery has since been amended and it is explained as follows:
"The maximum period for which any woman shall be entitled to maternity benefit shall be 12 (revised to 26 weeks from 01.04.17) weeks in all whether taken before or after childbirth. However she cannot take more than six weeks before her expected delivery. Under the MB Amendment Act 2017, this benefit could be availed by women for a period extending up to 8 weeks before the expected delivery date and remaining 18 weeks can be availed post childbirth
Prior to the amendment of 1989, a woman employee could not avail of the six weeks’ leave preceding the date of her delivery; she was entitled to only six weeks leave following the day of her delivery. However, by the above amendment, the position has changed. Now, in case a woman employee does not avail of six weeks’ leave preceding the date of her delivery, she can avail of that leave following her delivery, provided the total leave period, i.e. preceding and following the day of her delivery does not exceed 12 weeks. (now 26 weeks)"
You can bring the amended provision to the notice of management and tell them in clear terms that insisting on 3 months leave before delivery is in violation of the MB Act and that what is specified is the max. period before delivery (ie. 8 weeks) and in actual terms it could be any thing less than that including ZERO.
From India, Mumbai
1534"The maximum period for which any woman shall be entitled to maternity benefit shall be 12 (revised to 26 weeks from 01.04.17) weeks in all whether taken before or after childbirth. However she cannot take more than six weeks before her expected delivery. Under the MB Amendment Act 2017, this benefit could be availed by women for a period extending up to 8 weeks before the expected delivery date and remaining 18 weeks can be availed post childbirth
Prior to the amendment of 1989, a woman employee could not avail of the six weeks’ leave preceding the date of her delivery; she was entitled to only six weeks leave following the day of her delivery. However, by the above amendment, the position has changed. Now, in case a woman employee does not avail of six weeks’ leave preceding the date of her delivery, she can avail of that leave following her delivery, provided the total leave period, i.e. preceding and following the day of her delivery does not exceed 12 weeks. (now 26 weeks)"
You can bring the amended provision to the notice of management and tell them in clear terms that insisting on 3 months leave before delivery is in violation of the MB Act and that what is specified is the max. period before delivery (ie. 8 weeks) and in actual terms it could be any thing less than that including ZERO.
From India, Mumbai
dear madam/sir thanks for your information,can send that amended act file with highlighted that point which i need so that i can prove here
From India, Hyderabad
From India, Hyderabad
You have to highlight Section 5(3) of the Maternity Benefit Act 1961 read with the Amendment Act 2017 (See Clause 3 of the Gazette Notification). Inspite of widespread search for the amended Act, I have not been able to locate one. So both of them are attached.
From India, Mumbai
From India, Mumbai
dear sir/madam, our HR not accepting to take 6 months continuous leaves after delivery what i have to do now can you suggest please.
From India, Hyderabad
From India, Hyderabad
This amounts to denial of maternity leave and it is an offence punishable under the Act. You have the option of approaching labour office or making a complaint to National /State Women's Commission. Anyhow, before that give them a detailed letter making your submission and the ESI doctor's advice, bringing out the legal position after the 2017 amendment.
From India, Mumbai
From India, Mumbai
Dear Priya, you are an Employee covered under ESI Act.Consequently, you are eligible for MB under ESI Act.With regard to availing entire 26 Weeks Leave Post delivery purely depends upon your health Condition/Medical Fitness.The ESI Doctor will certify after examination, the Period of Leave.Your Employer has no role in controlling ESI Doctor.However, even your wish that you want to work till the date of delivery is not in conformity with practice followed in such cases.Consequently, stick to ESI Doctors advise which will be binding on you & your Employer
From India, New Delhi
From India, New Delhi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf