Dear Adv Manoj ji,
Kindly refer to your remarks as mentioned above, wherein you have stated that "as we know we have maternity law applicable for married women." I would like to submit that in my opinion, it is nowhere mentioned in either The Maternity Benefit Act, 1961, nor in the Employees' State Insurance Act, 1948, that these laws are applicable only to "married women." What is required under the 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).
In addition, in order to become eligible for benefits under the above Acts, there are some conditions of a minimum period of employment and contribution (under ESI Act), but there is no condition that the said woman must be "married." The only condition is that there must be an inability of the woman to perform her duties for a certain period before and after childbirth or miscarriage or illness due to such maternity as certified by the authorized Medical Officer.
I hope you will consider my views as mentioned above in view of the provisions of the said Acts and will advise me if my views are not correct so that I may be able to adjust my understanding accordingly.
From India, Noida
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944Kindly refer to your remarks as mentioned above, wherein you have stated that "as we know we have maternity law applicable for married women." I would like to submit that in my opinion, it is nowhere mentioned in either The Maternity Benefit Act, 1961, nor in the Employees' State Insurance Act, 1948, that these laws are applicable only to "married women." What is required under the 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).
In addition, in order to become eligible for benefits under the above Acts, there are some conditions of a minimum period of employment and contribution (under ESI Act), but there is no condition that the said woman must be "married." The only condition is that there must be an inability of the woman to perform her duties for a certain period before and after childbirth or miscarriage or illness due to such maternity as certified by the authorized Medical Officer.
I hope you will consider my views as mentioned above in view of the provisions of the said Acts and will advise me if my views are not correct so that I may be able to adjust my understanding accordingly.
From India, Noida
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Ma'am,
The maternity leave under Indian laws has been designed keeping in mind the physical and psychological involvement/requirement in delivering and initiating the care for the newborn. To date, no special relief is available for non-biological mothers in India. We appreciate the new thought and hope that over a period of time, it might surely get included.
Warm regards,
Sourav Mukherjee
From India, Bangalore
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The maternity leave under Indian laws has been designed keeping in mind the physical and psychological involvement/requirement in delivering and initiating the care for the newborn. To date, no special relief is available for non-biological mothers in India. We appreciate the new thought and hope that over a period of time, it might surely get included.
Warm regards,
Sourav Mukherjee
From India, Bangalore
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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
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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
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Dear Mnl,
The answer is given to you by the participants in the discussion. Maternity benefits arise during pregnancy irrespective of marital status and for confinement/miscarriage/sickness due to or out of pregnancy, confinement, miscarriage, etc. These benefits are available to female employees if:
(i) The Maternity Benefit Act is applicable to her employer, and she is eligible to receive the benefit (80 days of working); or (ii) she is an Insured Woman (IW) under ESI, and contributions are paid for not less than 70 days in the preceding two contribution periods.
Just for knowledge, single women cannot adopt a child.
From India, Mumbai
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The answer is given to you by the participants in the discussion. Maternity benefits arise during pregnancy irrespective of marital status and for confinement/miscarriage/sickness due to or out of pregnancy, confinement, miscarriage, etc. These benefits are available to female employees if:
(i) The Maternity Benefit Act is applicable to her employer, and she is eligible to receive the benefit (80 days of working); or (ii) she is an Insured Woman (IW) under ESI, and contributions are paid for not less than 70 days in the preceding two contribution periods.
Just for knowledge, single women cannot adopt a child.
From India, Mumbai
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