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Dear All,

Suppose an organization has a 5-day workweek (i.e., Saturday and Sunday off), and if an employee applies for maternity leave under the Maternity Benefit Act, during her 84 days of maternity leave, can we include Saturdays and Sundays, or are these days off considered over and above the prescribed maternity leave? Additionally, how should we treat holidays that fall within this period?

Regards,
Govind

"The world suffers a lot. Not because of the violence of bad people,
But because of the silence of good people!"
-- Napoleon

Govind - 9960704146
URL: [Welcome to HOPE Organization](http://www.wix.com/hopegovind/homepage)
Blog: [Speak HR - my HR blog based on my own experience](http://speakhr.blogspot.com)

From India, Mumbai
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From India, Ahmadabad
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Dear Govind,

As per the law, she is eligible to avail of the maternity leave of six weeks before and six weeks after delivery, so it doesn't matter what the working culture of the company is, whether it's 5 days or 6 days. Whatever holidays fall in between that period are not given special treatment. Maternity leave will be considered as leave irrespective of how many holidays fall in that duration.

Regards,
Preeti

From India, New Delhi
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Dear Friend, It is 84 days from the date of leave irrespective of w.offs, holidays ( including woffs & holidays) Regards - kamesh
From India, Hyderabad
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Hi Preeti and Kamesh,

Thank you very much for your reply. I do have a small doubt. According to the Shops and Establishment Act, there should be a weekly off. Considering this, throughout the entire 84-day period, approximately 12 weekly offs should be taken. Shouldn't these 12 weekly offs be excluded from the maternity leave?

I recall there was a decision where it was stated that other leaves and holidays should be excluded from the maternity leave.

Could you please provide further guidance?

Regards,
Govind

From India, Mumbai
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Hi, Maternity leaves for 12 weeks will be paid or not? if paid then how much as per the salary? Regards, Kavya
From India, Pune
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Dear Govind Maternity leave (84 days) is inclusive of weekly offs & other holidays. Dear Kavya Maternity leave (12 weeks) is paid one employees gross salary is covered in that. Rgds JC
From India, Bangalore
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Dear Govind,

It is a general rule in all organizations that when an employee is proceeding on long leave, which may be earned leave, sick leave, or maternity leave, all holidays falling in between the long leave will not be excluded for the purpose of the number of days.

From India, Mumbai
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Dear governing,

It doesn't matter if holidays and weekly offs are included. Holidays and weekends after delivery for 84 days are mandatory in the private sector, not the government sector. In the government sector, 120 days of leave is provided.

This ensures that any employee is 100% insured under the Maternity Benefit Act.

Thank you.

From India, Bangalore
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HII ALL, thanx for the information. If an employee wants to extend the maternity leave beyond 12 weeks , so in that case will she be paid or not ? Regards Satyasikha
From India, Bhubaneswar
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