As per Section 11
11. Nursing breaks. -- Every woman delivered of a child who returns to duty after such
delivery shall, in addition to the interval for rest allowed to her, be allowed in the course
of her daily work two breaks of the prescribed duration for nursing the child until the
child attains the age of fifteen months.
Please help with the "prescribed duration" for the same.
From India, Gurgaon
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211. Nursing breaks. -- Every woman delivered of a child who returns to duty after such
delivery shall, in addition to the interval for rest allowed to her, be allowed in the course
of her daily work two breaks of the prescribed duration for nursing the child until the
child attains the age of fifteen months.
Please help with the "prescribed duration" for the same.
From India, Gurgaon
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Pls help, even I have read about the nursing break twice a day till fifteen months. However, a woman don't bring her child to workplace and it is not necessary that she works close to her residence.
So how do we give the break. A resting break is understandable but how does nursing break help?
From India, Mumbai
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So how do we give the break. A resting break is understandable but how does nursing break help?
From India, Mumbai
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(Fact Checked)-[response] As per Section 11 of the Maternity Benefit Act, nursing breaks are to be provided for women returning to work after childbirth. The prescribed duration for nursing breaks is not specified in the Act, allowing flexibility as needed. (1 Acknowledge point)
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Dear Member,
Prescribed duration is provided by the applicable Rules. According to Rule 7 of Haryana Maternity Benefit Rules, 1967 we are to allow two breaks for nursing the child. Rule 7 may be read as under.
7. Break for nursing child - (1) Each of two breaks mentioned in section 11 shall be of 20 minutes duration.
Provided that in case the crèche or place where children are left by women while on duty is not in the vicinity of the place of work a period up to 15 minutes more may be allowed for the purpose of journey to and from crèche or the place.
R.N.KHOLA
(LL&IR)
Welcome Skylark Associates
*Also Sr. V. P., Labour Law Advisers Association, Gurgaon.
From India, Delhi
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Prescribed duration is provided by the applicable Rules. According to Rule 7 of Haryana Maternity Benefit Rules, 1967 we are to allow two breaks for nursing the child. Rule 7 may be read as under.
7. Break for nursing child - (1) Each of two breaks mentioned in section 11 shall be of 20 minutes duration.
Provided that in case the crèche or place where children are left by women while on duty is not in the vicinity of the place of work a period up to 15 minutes more may be allowed for the purpose of journey to and from crèche or the place.
R.N.KHOLA
(LL&IR)
Welcome Skylark Associates
*Also Sr. V. P., Labour Law Advisers Association, Gurgaon.
From India, Delhi
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(Fact Checked)-[The user's reply is correct based on Section 11 of the Maternity Benefit Act, 1961, where it specifies that every woman returning to work after delivery is entitled to two breaks of prescribed duration for nursing the child until the child is fifteen months old.] (1 Acknowledge point)
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Hi,
My due date is December 7th, 2013, and I am planning to take maternity leave for 6 months from the end of September to the end of March. Am I eligible for maternity leave, or can my employer deny it because I am taking leave prior to 6 weeks from my due date? Please advise. I am eligible as per the 80-day rule within 1 year of the expected due date.
From India, Mumbai
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My due date is December 7th, 2013, and I am planning to take maternity leave for 6 months from the end of September to the end of March. Am I eligible for maternity leave, or can my employer deny it because I am taking leave prior to 6 weeks from my due date? Please advise. I am eligible as per the 80-day rule within 1 year of the expected due date.
From India, Mumbai
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(Fact Check Failed/Partial)-The user reply is incorrect. Maternity leave in most jurisdictions starts around the due date, not prior. Refer to Maternity Benefit Act 1961 for details.
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Dear Suriya, Whether you have given these comments on its usefulness after going through The Maternity Benefit Act, 1961 ? Regards, R.N.Khola (Labour Law & Legal Consultants) 09810405361
From India, Delhi
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From India, Delhi
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In an IT company, how much leave can an employee avail under the Maternity Benefit Act? My second question is, how much leave does the Maternity Act provide in the case of a miscarriage, and how many leaves will an employee get in such a situation?
From India, Pune
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From India, Pune
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(Fact Checked)-The Maternity Benefit Act allows a woman in an IT company to avail 26 weeks of maternity leave. In the case of a miscarriage, she is entitled to 6 weeks of leave. (1 Acknowledge point)
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What is special in IT companies? There is no privilege given to IT companies as far as labor laws are concerned. Therefore, employees in IT companies will get the same 84 days of maternity leave or 42 days of leave for a miscarriage.
The post is very old, and there has been no discussion about the proposal to increase the maternity leave days. However, the announcement is still in the form of a proposal.
Madhu.T.K
From India, Kannur
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The post is very old, and there has been no discussion about the proposal to increase the maternity leave days. However, the announcement is still in the form of a proposal.
Madhu.T.K
From India, Kannur
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(Fact Check Failed/Partial)-The user reply is [B]partially correct[/B]. While it is true that there is no special privilege given to IT companies regarding maternity leave, the information about the standard maternity leave duration is accurate. However, it's essential to note that there have been amendments to maternity leave laws in recent years, increasing the duration beyond 84 days.
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1. Sir, as far as I understand, the Maternity Amendment Bill was passed by the Rajya Sabha in the last session, and now it is required to be debated and passed by the Lok Sabha. I think it is expected to be taken up in the next session of the Lok Sabha (if political parties agree and parliamentary business proceeds smoothly).
2. Under the ESI Act, 1948, the appropriate government is empowered to make changes regarding the duration of Maternity Benefits. I believe the government in question has already issued an intention/draft notification on 06/10/2016, inviting the opinions and views of the affected parties.
From India, Noida
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2. Under the ESI Act, 1948, the appropriate government is empowered to make changes regarding the duration of Maternity Benefits. I believe the government in question has already issued an intention/draft notification on 06/10/2016, inviting the opinions and views of the affected parties.
From India, Noida
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A female employee has joined the ESIC scheme in April '16 and she had her delivery in Nov. '16. She didn't receive the salary for maternity leave benefits under the ESIC scheme due to the lack of a minimum period of association with ESIC.
In this case, I would like to know if the employer is liable to pay the full amount of salary for her 12 weeks of maternity leave, even though she is covered under the scheme.
From India, Cochin
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In this case, I would like to know if the employer is liable to pay the full amount of salary for her 12 weeks of maternity leave, even though she is covered under the scheme.
From India, Cochin
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(Fact Checked)-The employer is liable to pay the full amount of salary for the 12 weeks of maternity leave under the Maternity Benefit Act, even if the employee is covered under the ESIC scheme. (1 Acknowledge point)
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Yes, when she is short of working days as per ESI schemes, she will have to be paid maternity benefit under the Maternity Benefit Act by the employer provided she had worked for 80 days during a period of 12 months immediately preceding the date of delivery.
Here, the dispute is not with regard to working for 70 days, but with regard to the qualifying phrase "during a period of 12 months." There can be an interpretation that she should have a service of at least 12 months and during this 12 months, she should have worked for 80 (paid) days. As such, the same steps taken by the ESIC on maternity benefit, that is, there should be at least 78 days contribution during two consecutive contribution periods, i.e., one year in order to be eligible for maternity benefit, shall be taken by the employer also. Otherwise, what is the meaning of "12 months" as a qualifying period?
Madhu.T.K
From India, Kannur
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Here, the dispute is not with regard to working for 70 days, but with regard to the qualifying phrase "during a period of 12 months." There can be an interpretation that she should have a service of at least 12 months and during this 12 months, she should have worked for 80 (paid) days. As such, the same steps taken by the ESIC on maternity benefit, that is, there should be at least 78 days contribution during two consecutive contribution periods, i.e., one year in order to be eligible for maternity benefit, shall be taken by the employer also. Otherwise, what is the meaning of "12 months" as a qualifying period?
Madhu.T.K
From India, Kannur
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(Fact Checked)-The user reply is correct based on the Maternity Benefit Act, which requires 80 days of work in the 12 months preceding delivery to qualify for maternity benefits. No amendments needed. (1 Acknowledge point)
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Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf
Leave Policy.doc
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(Fact Check Failed/Partial)-The provided information is mostly correct. The prescribed duration for nursing breaks for a woman returning to work after childbirth is not specified.