Dear LJMCD,
In layman's language, the working days include the days for which the woman was paid wages or salaries, that is all the 7 days of the week if the office observes 5 days week, if she is paid for all the 7 days during 5-day work week.
The Explanation below Sec.5 of the Maternity Benefits Act amply clarifies that. he extract of the Explanation is reproduced below for your guidance:
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
PS Dhingra
From India, Delhi
387In layman's language, the working days include the days for which the woman was paid wages or salaries, that is all the 7 days of the week if the office observes 5 days week, if she is paid for all the 7 days during 5-day work week.
The Explanation below Sec.5 of the Maternity Benefits Act amply clarifies that. he extract of the Explanation is reproduced below for your guidance:
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
PS Dhingra
From India, Delhi
Dear Neha,
Provisions of Section 12(2)(a) still exists according to which your employer would not have discharged or dismissed you. You were entitled to full maternity benefits as per the provisions of the maternity Act. In case of his failure you could hav approached the inspector appointed in connection with the provisions of the Act to claim the benefits. In addition to payment of benefits, the employer could well have been punished with imprisonment and/or fine imposed by a court of law under the provisions of Section 21 of the maternity Act.
Explanation below Section 5 clearly makes you eligible for the maternity benefits during the days of lay off also. Extract of the same is reproduced below for your guidance:
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
From India, Delhi
Provisions of Section 12(2)(a) still exists according to which your employer would not have discharged or dismissed you. You were entitled to full maternity benefits as per the provisions of the maternity Act. In case of his failure you could hav approached the inspector appointed in connection with the provisions of the Act to claim the benefits. In addition to payment of benefits, the employer could well have been punished with imprisonment and/or fine imposed by a court of law under the provisions of Section 21 of the maternity Act.
Explanation below Section 5 clearly makes you eligible for the maternity benefits during the days of lay off also. Extract of the same is reproduced below for your guidance:
Explanation.—For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
From India, Delhi
Hi What is policy for maternity leaves. How many paid leaves I can avail. I am working in a private limited company. Please reply as next month I want to avail the same.
From India, New Delhi
From India, New Delhi
hi
i m anu. i m working in govt. undertaking federation of cooperative department of jharkhand on contract basis since nov 2012. now i m pregnent & my delivery date is 23 aug 2015. i want to know that i m eligible or not for maternity benefit act 1961 and from when i can get leave. it is leave without payment or with payment. what are the non cash benefits
From India, Bangalore
i m anu. i m working in govt. undertaking federation of cooperative department of jharkhand on contract basis since nov 2012. now i m pregnent & my delivery date is 23 aug 2015. i want to know that i m eligible or not for maternity benefit act 1961 and from when i can get leave. it is leave without payment or with payment. what are the non cash benefits
From India, Bangalore
I am working in a pvt co for last 8 years and currently I am 14 weeks pregnant. My pregnancy involved some complications so my doc advised me to take leave during first 12 weeks. I applied for maternity leave of 3 months which was granted to me initially but almost at the end my company rejected the same citing the below clause -
Maternity leave is governed by Maternity Benefit Act, 1961. as per provision of this Act, maternity leave shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.
Please advise whether the same is correct.
From India, Kolkata
Maternity leave is governed by Maternity Benefit Act, 1961. as per provision of this Act, maternity leave shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.
Please advise whether the same is correct.
From India, Kolkata
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc