Dear Sir / Mam, Under maternity benefit, is an employee eligible for leave and salary for the said months. Or salary is against leave Need your guidance Thanks & Regards
From India, Mumbai
Acknowledge(0)
Amend(0)

Dear Colleague,

As per Section 5 of the Maternity Benefit Act, the right to payment of maternity benefit is outlined as follows:

Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day. According to the Maternity Benefit Act, female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. Out of these 12 weeks, six weeks' leave is post-natal leave. In the case of miscarriage or medical termination of pregnancy, a worker is entitled to six weeks of paid maternity leave.

It is stated that the Maternity Benefit Act provides for "Maternity Benefit at the rate of Average Daily Wage" for the days of maternity leave admissible as applicable.

Thank you.

From India, Chennai
Acknowledge(0)
Amend(0)

The employee is eligible for paid leave for the maternity period (26 weeks), and the salary must be paid at the end of each month, as it is paid to all other employees. The maternity bonus amount (₹3,600) is payable upon proof of delivery.

Ensure there is a single line break between paragraphs.

From India, Mumbai
Acknowledge(0)
Amend(0)

Dear CiteHR member Hr@vansonengineering,

With due respect to Dr. P. Sivakumar and Saswata Banerjee, I may be permitted to correct the position as slight errors have crept into the above-noted comments.

It may be noted that:

1) Maternity benefit, i.e., special leave with paid wages/salary, is admissible to female employees under the Maternity Benefit Act 1961. The total period of Maternity Leave was 12 weeks, but the Maternity Benefit (Amendment) Act 2017 has increased the paid leave to 26 weeks. However, it will be for mothers up to 2 children only. For the rest of the mothers, it is 12 weeks only.

2) The period of 26 months mentioned in the above comment should be read as 26 weeks.

3) The amount of Medical Bonus under Sec. 8 of the MB Act 1961 is Rs. 3500/- as per Gazette Notification No. SO-2831(E) dated 19/12/2011 of the Central Govt.

For detailed comments, kindly refer to the previous thread "IS IT MANDATORY TO GIVE MATERNITY BENEFIT?"

Hope this satisfies your query.

Regards,
Chandra Mani Lal Srivastava
Master Consultant - Subject Expert on Laws of Women in India

9315516083
New Delhi/01.02.2022/10 pm

From India, New Delhi
Acknowledge(0)
Amend(0)

HROne
22

A: The employee is eligible for leave and salary for the said months.

The Maternity Benefit Act was passed in India in 1961. The act guarantees work-free maternity leave or paid maternity leave for women employees in India.

Prior to the Maternity Benefit Act enactment, Indian women were not guaranteed any maternity leave from their employers. This often led to pregnant women being fired from their jobs or resigning due to pregnancy.

The Maternity Benefit Act has been amended several times since first enacted, most recently in 2013. The 2013 amendment increased the number of weeks of maternity leave that are guaranteed to working mothers from 12 weeks to 26 weeks.

From India, Noida
Acknowledge(0)
Amend(0)

Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.







Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2025 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.