If the women Employee is not covered under ESIC , then what is the procedure under maternity Act for payment of her salary and leaves?
From India, Pune
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3From India, Pune
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Please explain maternity rules in adoption and surrogacy case.
From India, Delhi
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From India, Delhi
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the Maternity Benefit (Amendment) Act, 2017 (“Maternity Amendment Act”) on March 27, 2017, the law also (a) extends maternity benefits to commissioning and adopting mothers, (b) mandates employers to provide creche facilities at the establishment, (c) allows women to work from home in certain cases and (c) requires employers to inform female employees at the time of their joining about maternity benefits available to them
From India, Mumbai
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From India, Mumbai
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The Maternity Benefit (Amendment) Act, 2017 also has provisions for female employees:
a) A third Child: Those having two or more surviving children will be entitled to 12 weeks of paid Maternity Leave, of which not more than six (6) weeks shall precede the date of her expected delivery.
b) For female employees who are adopting a child who is less than three months old, and for commissioning mothers, the paid leave entitlement is for twelve (12) weeks.
c) A female employee who has undergone a miscarriage or medical termination of pregnancy is entitled to paid leave for a period of six (6) weeks immediately preceding the date of such an event.
d) A female employee is entitled to paid leave for two (2) weeks if she is undergoing a tubectomy operation, immediately preceding the date of such an event.
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a) A third Child: Those having two or more surviving children will be entitled to 12 weeks of paid Maternity Leave, of which not more than six (6) weeks shall precede the date of her expected delivery.
b) For female employees who are adopting a child who is less than three months old, and for commissioning mothers, the paid leave entitlement is for twelve (12) weeks.
c) A female employee who has undergone a miscarriage or medical termination of pregnancy is entitled to paid leave for a period of six (6) weeks immediately preceding the date of such an event.
d) A female employee is entitled to paid leave for two (2) weeks if she is undergoing a tubectomy operation, immediately preceding the date of such an event.
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I have a query. A female staff member applied for Maternity Leave and was granted leave as per the Maternity Benefit Act 2017. Now she is demanding an additional 3 months of leave, stating that the child is attached to the mother and cannot stay with the family. We have creche facilities available, but she is not willing to accept this option.
Please advise on what should be done.
From India, Ahmedabad
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Please advise on what should be done.
From India, Ahmedabad
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It is legally wrong to cancel a contract of employment or terminate a woman during her pregnancy. But if she is on FTC, i.e., appointed on a fixed-term contract, the employer can refuse to renew it. The employee cannot demand that the contract should be renewed.
Any leave in excess of what is the right under the Maternity Benefit Act, i.e., 26 weeks, can be refused. The employee can use the facility available in the office. If she is not okay with the facility, let her resign and go. You cannot have the cake and hold the cake at a time. Either you can have a job or you can have a family life. The employer has already done what he has to do for a woman, and if you bend beyond that, then in the future, it will become a right and all others will demand as a matter of right, and the leave will go like anything. Everyone will be happy to be with her child if permitted, and if that is to happen, why should we employ?
From India, Kannur
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Any leave in excess of what is the right under the Maternity Benefit Act, i.e., 26 weeks, can be refused. The employee can use the facility available in the office. If she is not okay with the facility, let her resign and go. You cannot have the cake and hold the cake at a time. Either you can have a job or you can have a family life. The employer has already done what he has to do for a woman, and if you bend beyond that, then in the future, it will become a right and all others will demand as a matter of right, and the leave will go like anything. Everyone will be happy to be with her child if permitted, and if that is to happen, why should we employ?
From India, Kannur
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Dear all,
I have a query regarding maternity benefits. Can an eligible female employee take maternity leave in breaks? For example, if she is experiencing complications and needs to take a month off during the 2nd or 3rd month of her pregnancy, can she claim that time off as maternity leave?
From India, Pune
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I have a query regarding maternity benefits. Can an eligible female employee take maternity leave in breaks? For example, if she is experiencing complications and needs to take a month off during the 2nd or 3rd month of her pregnancy, can she claim that time off as maternity leave?
From India, Pune
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No, maternity leave should be in one single stretch, and the maximum leave that can be taken prior to delivery is restricted to 8 weeks. Leave for any sickness arising out of pregnancy in the 2nd or 3rd month should be availed from your PL or sick leave, as the case may be.
Thank you!
From India, Kannur
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Thank you!
From India, Kannur
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