Dear Adv Manoj ji,
1. Kindly refer to your remarks as above vide which you have mentioned as"as we know we have maternity law applicable for Married women" and to submit that in my opinion, it is no where mentioned in either The Maternity Benefit Act, 1961 nor in the Employees' State Insurance Act, 1948 that these laws are applicable only to the "married women". What is required under above laws is "a woman employed, whether directly or through any agency, for wages in any establishment" (Section 3(o) of the Maternity Benefit Act).
2. In addition, in order to become eligible for benefits under above Acts, there are some conditions of minimum period of employment and contribution(under ESI Act), but there is no condition that the said woman must be "married". Only condition is that there must be inability of woman to perform her duties for certain period before and after child-birth or miscarriage or illness due to such maternity as certified by the authorised Medical Officer.
3. I hope, your goodself will consider my views as above in view of provisions of the said Acts and will like to advise me if my views are not correct, so that I may be able to form my views accordingly.
From India, Noida
9231. Kindly refer to your remarks as above vide which you have mentioned as"as we know we have maternity law applicable for Married women" and to submit that in my opinion, it is no where mentioned in either The Maternity Benefit Act, 1961 nor in the Employees' State Insurance Act, 1948 that these laws are applicable only to the "married women". What is required under above laws is "a woman employed, whether directly or through any agency, for wages in any establishment" (Section 3(o) of the Maternity Benefit Act).
2. In addition, in order to become eligible for benefits under above Acts, there are some conditions of minimum period of employment and contribution(under ESI Act), but there is no condition that the said woman must be "married". Only condition is that there must be inability of woman to perform her duties for certain period before and after child-birth or miscarriage or illness due to such maternity as certified by the authorised Medical Officer.
3. I hope, your goodself will consider my views as above in view of provisions of the said Acts and will like to advise me if my views are not correct, so that I may be able to form my views accordingly.
From India, Noida
Ma'am,
The maternity leave under Indian laws has been designed keeping in mind the physical & psychological involvement / requirement in delivering and initiating the care for the new born. Till date , no special relief is available for non-biological mothers in India.
We appreciate the new thought & hope over a period of time it might surely get included.
Warm regards,
Sourav Mukherjee
From India, Bangalore
The maternity leave under Indian laws has been designed keeping in mind the physical & psychological involvement / requirement in delivering and initiating the care for the new born. Till date , no special relief is available for non-biological mothers in India.
We appreciate the new thought & hope over a period of time it might surely get included.
Warm regards,
Sourav Mukherjee
From India, Bangalore
Dear members,
1. With reference to remarks of seniors/experts in this thread, I may submit that 180 days child adoption leave is provided to central government female employees as per Rule 43-B of the Leave Rules. The extract of the said Rule is submitted as follows which lays down the terms and conditions for such child adoption leave:-
[43-B. Leave to a female Government servant on adoption of a child:
(1) A female Government servant, with fewer than two surviving children, on valid adoption of a child below the age of one year may be granted child adoption leave, by an authority competent to grant leave, for a period of 9[180 days] immediately after the date of valid adoption.
(2) During the period of child adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) (a) Child adoption leave may be combined with leave of any other kind.
(b) In continuation of the child adoption leave granted under sub-rule (1), a female Government servant on valid adoption of a child may also be granted, if applied for, leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of medical certificate) for a period upto one year reduced by the age of the adopted child on the date of valid adoption, without taking into account child adoption leave.
Provided that this facility shall not be admissible in case she is already having two surviving children at the time of adoption.
(4) Child adoption leave shall not be debited against the leave account.]
10[Note: - “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal Law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.]
2. Similar provisions may be available in the civil services of some of the State Governments.
From India, Noida
1. With reference to remarks of seniors/experts in this thread, I may submit that 180 days child adoption leave is provided to central government female employees as per Rule 43-B of the Leave Rules. The extract of the said Rule is submitted as follows which lays down the terms and conditions for such child adoption leave:-
[43-B. Leave to a female Government servant on adoption of a child:
(1) A female Government servant, with fewer than two surviving children, on valid adoption of a child below the age of one year may be granted child adoption leave, by an authority competent to grant leave, for a period of 9[180 days] immediately after the date of valid adoption.
(2) During the period of child adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) (a) Child adoption leave may be combined with leave of any other kind.
(b) In continuation of the child adoption leave granted under sub-rule (1), a female Government servant on valid adoption of a child may also be granted, if applied for, leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of medical certificate) for a period upto one year reduced by the age of the adopted child on the date of valid adoption, without taking into account child adoption leave.
Provided that this facility shall not be admissible in case she is already having two surviving children at the time of adoption.
(4) Child adoption leave shall not be debited against the leave account.]
10[Note: - “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal Law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.]
2. Similar provisions may be available in the civil services of some of the State Governments.
From India, Noida
Dear Mnl,
Answer is given to you by the participants in the discussion. Maternity benefits arise on pregnancy irrespective of marital status and for confinement / miscarriage / sickness due to or out of pregnancy, confinement, miscarriage etc. This benefits are available to female employee if :
(i) Maternity Benefit Act is applicable to her employer and she is eligible to get the benefit (80 days working); or
(ii) she is IW under ESI and contribution paid for not less than 70 days in preceding two contribution periods.
Just for knowledge, single women can not adopt a child.
From India, Mumbai
Answer is given to you by the participants in the discussion. Maternity benefits arise on pregnancy irrespective of marital status and for confinement / miscarriage / sickness due to or out of pregnancy, confinement, miscarriage etc. This benefits are available to female employee if :
(i) Maternity Benefit Act is applicable to her employer and she is eligible to get the benefit (80 days working); or
(ii) she is IW under ESI and contribution paid for not less than 70 days in preceding two contribution periods.
Just for knowledge, single women can not adopt a child.
From India, Mumbai
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