As per the Act, a woman shall be entitled for maternity leave if she has actually worked for not less than 80 days in the 12 months immediately precedding the date of her expected delivsery.
Hence she need not work for 12 months. The 12 months period should be worked out backwards from the expected date of delivery. In other words if a woman with 7 months pregnancy joins an organisation and after working for 80 days, applies for maternity leave, she should be granted the leave,otherwise you will be violating the Act.
Kanna.Vijaya Kumar
From India, Secunderabad
Hence she need not work for 12 months. The 12 months period should be worked out backwards from the expected date of delivery. In other words if a woman with 7 months pregnancy joins an organisation and after working for 80 days, applies for maternity leave, she should be granted the leave,otherwise you will be violating the Act.
Kanna.Vijaya Kumar
From India, Secunderabad
Hi Friends,
The provision of lesser days is only for the woman of Assam, my question is if the woman employee has not completed 12 months but have completed 80 days will be qualifed for MB? Because such situation is likely to happen and I am sure many of our friends must have come across such situation. Request to please update us on this issue......
Regards,
CS Mukesh TANK
From India, Mumbai
18The provision of lesser days is only for the woman of Assam, my question is if the woman employee has not completed 12 months but have completed 80 days will be qualifed for MB? Because such situation is likely to happen and I am sure many of our friends must have come across such situation. Request to please update us on this issue......
Regards,
CS Mukesh TANK
From India, Mumbai
Pl. let me know how 80 days are calculated ?
1. Do they include weekends ( Saturday & Sunday ) ?
2. Do they include company holidays ( Holi, Diwali etc) ?
3. Do they include company paid leaves ( Casual Leaves, Medical leaves etc) ?
Pl. also provide the link for the amendment or act where this is clearly specified, my HR is not sure about policies in India & taking 80 days as approx. 4 months. And I might not be eligible for maternity benifit in that case so urgently need the clear info. on this.
Thanks & Regards,
Neha
From India, Hyderabad
1. Do they include weekends ( Saturday & Sunday ) ?
2. Do they include company holidays ( Holi, Diwali etc) ?
3. Do they include company paid leaves ( Casual Leaves, Medical leaves etc) ?
Pl. also provide the link for the amendment or act where this is clearly specified, my HR is not sure about policies in India & taking 80 days as approx. 4 months. And I might not be eligible for maternity benifit in that case so urgently need the clear info. on this.
Thanks & Regards,
Neha
From India, Hyderabad
Dear Taru,
You simply need to link the No. of days to the salary becoming due and paid to the employee. If he/she is eligible to draw salary for the Saturdays/Sundays, holidays, casual leave and medical leave periods, all those are counted as the number of days employee worked for in an organization.
From India, Delhi
You simply need to link the No. of days to the salary becoming due and paid to the employee. If he/she is eligible to draw salary for the Saturdays/Sundays, holidays, casual leave and medical leave periods, all those are counted as the number of days employee worked for in an organization.
From India, Delhi
Thanks, but my HR is saying if I will take my Causal Leaves before maternity leaves, it will be counted as Maternity leaves, is there any act which I can fwd to her to convince her. We don't have any Medical leaves in our office but I will bw eligible for 7 Causal Leaves( paid) before taking Maternity leaves. My 80 days will be completed on 15 April. My due date is 8 May. But as I am not feeling very well & don't know for how long I will be able to work I want to take the leaves as early as possible & So was just thinking to take atleast 5 days CL (11 - 15 th April) & then start my maternity leaves from 18th April ( Monday), so that my 80 days will be completed & I will be able to rest for 1 week before start of my Maternity leaves too. Please suggest.
Best Regards,
Neha
From India, Hyderabad
Best Regards,
Neha
From India, Hyderabad
Dear Neha,
The Ruling position provides that casual leave cannot be prefixed or suffixed with any kind of regular leave. So, if C/L is taken and any other kind of regular leave follows immediately on expiry of C/L, in that case C/L is also treated as part of regular kind of leave that follows C/L. However, if even a single day's duty is followed by C/L and any other kind of leave is taken after duty, C/L cannot be treated as a part of that leave.
So, you may have to plan your C/L in such a manner that you attend your duties at least for one or two days before the start of your maternity leave. In that case C/L will be distinct from your maternity leave and cannot be counted as a part of your maternity leave.
PS Dhingra
CEO cum Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
09968076381
[dcgroup1962@gmail.com]
From India, Delhi
The Ruling position provides that casual leave cannot be prefixed or suffixed with any kind of regular leave. So, if C/L is taken and any other kind of regular leave follows immediately on expiry of C/L, in that case C/L is also treated as part of regular kind of leave that follows C/L. However, if even a single day's duty is followed by C/L and any other kind of leave is taken after duty, C/L cannot be treated as a part of that leave.
So, you may have to plan your C/L in such a manner that you attend your duties at least for one or two days before the start of your maternity leave. In that case C/L will be distinct from your maternity leave and cannot be counted as a part of your maternity leave.
PS Dhingra
CEO cum Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
09968076381
[dcgroup1962@gmail.com]
From India, Delhi
Respected Sir,
I have one more doubt, my previous company has laid me off during pregnancy( in 4th moth ) & haven't given me any maternity benefit, can I do something to get the benefit from them. Got the following in Maternity Benifit Act 1961:
(2)(a)The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus.
Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.
Please let me know if this rule is still there & which authority shall I need to contact for this in Hyderabad.
Thanks in Advance,
Best Regards,
Neha
From India, Hyderabad
I have one more doubt, my previous company has laid me off during pregnancy( in 4th moth ) & haven't given me any maternity benefit, can I do something to get the benefit from them. Got the following in Maternity Benifit Act 1961:
(2)(a)The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus.
Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.
Please let me know if this rule is still there & which authority shall I need to contact for this in Hyderabad.
Thanks in Advance,
Best Regards,
Neha
From India, Hyderabad
Respected Sir,
For calculating 80 days few companies are including Sat/Sun, but few are not. Is this discrimination allowed by Indian government ? Not very sure but they should have clear mention of this & this policy should be same for all companies in India, else UK & US based companies are taking full advantage of this to exploit people in India. They can easily show that they are paying only for weekdays & increase the minimum days for Maternity benefit eligibility.
Thanks & Regards,
Neha
From India, Hyderabad
For calculating 80 days few companies are including Sat/Sun, but few are not. Is this discrimination allowed by Indian government ? Not very sure but they should have clear mention of this & this policy should be same for all companies in India, else UK & US based companies are taking full advantage of this to exploit people in India. They can easily show that they are paying only for weekdays & increase the minimum days for Maternity benefit eligibility.
Thanks & Regards,
Neha
From India, Hyderabad
All pregnancy cases are given three months paid leave by all companies . If it happens to be a complicated case like Cesarean etc then up to one month can be extended. Company have to consider you for rejoin as Laws are very strict with such cases . So you have all good chances of company taking you in . If not you can legally fight for it and definitely win ok . All the best and welcome to motherhood
From India, Hyderabad
From India, Hyderabad
Our employees work Monday - Friday. Should the 80 days include weekends or should 80 days only be based on Monday to Friday? I want to ensure we comply with the law regarding maternity benefit for an employee who is due to go off but may not complete 80 days before going off work.
I know good practice would be to pay the employee anyway if possible and this is something I would discuss with the managers, but I want to be clear we are correct with the law and cannot get a definite answer on whether the 80 days worked should include weekends or not
Thank you
From United Kingdom, London
I know good practice would be to pay the employee anyway if possible and this is something I would discuss with the managers, but I want to be clear we are correct with the law and cannot get a definite answer on whether the 80 days worked should include weekends or not
Thank you
From United Kingdom, London
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