Hi,
I am working with a small IT firm based in Mumbai with around 15 employees. A female employee is asking for maternity leave, 3 months before the due date and 6 months after the due date. Could you please guide me on what to do in such a case?
Deepa
From India, Mumbai
Acknowledge(0)
Amend(0)
I am working with a small IT firm based in Mumbai with around 15 employees. A female employee is asking for maternity leave, 3 months before the due date and 6 months after the due date. Could you please guide me on what to do in such a case?
Deepa
From India, Mumbai
Acknowledge(0)Amend(0)
HI,
ELIGIBILITY:
All married female staff.Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefit.
• The qualifying period of 80 days shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of immigration.
• For calculating the number of days on which a woman has actually worked during the preceding 12 months, the days on which she has been laid off or was on holidays with wages shall also be counted.
• There is neither a wage ceiling for coverage under the Act nor there is any restriction as regards the type of work a woman is engaged in.
ENTITLEMENT:
1. 84 days of paid Maternity Leave is allowed to females who have to deliver a child
2. A female employee can adjust this leave before and after the delivery of child totaling it to 84 days.
3. Before availing this leave, a certificate from the gynecologist has to be submitted mentioning the expected date of delivery.
4. Intervening National / declared / festival / weekly off days will be counted as part of leave.
5. If, because of any complication, leave has to be extended, it can be done but will fall under LOP.
OTHER BENEFITS
LEAVE FOR MISCARRIAGE AND ILLNESS
In case of miscarriage or medical termination of pregnancy, a woman shall, on production of the prescribed proof, be entitled to leave with wages at the rate of maternity benefit, for a period of 6 weeks immediately following the day of her miscarriage or medical termination of pregnancy.
LEAVE FOR TUBECTOMY OPERATION
In case of tubectomy operation, a woman shall, on production of prescribed proof, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of operation.
LEAVE FOR ILLNESS
Leave for a maximum period of one month with wages at the rate of maternity benefit are allowable in case of illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy or tubectomy operation.
MEDICAL BONUS
Every woman entitled to maternity benefit shall also be allowed a medical bonus of Rs. 250, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.
From India, Hyderabad
Acknowledge(0)Amend(0)
6ELIGIBILITY:
All married female staff.Every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefit.
• The qualifying period of 80 days shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of immigration.
• For calculating the number of days on which a woman has actually worked during the preceding 12 months, the days on which she has been laid off or was on holidays with wages shall also be counted.
• There is neither a wage ceiling for coverage under the Act nor there is any restriction as regards the type of work a woman is engaged in.
ENTITLEMENT:
1. 84 days of paid Maternity Leave is allowed to females who have to deliver a child
2. A female employee can adjust this leave before and after the delivery of child totaling it to 84 days.
3. Before availing this leave, a certificate from the gynecologist has to be submitted mentioning the expected date of delivery.
4. Intervening National / declared / festival / weekly off days will be counted as part of leave.
5. If, because of any complication, leave has to be extended, it can be done but will fall under LOP.
OTHER BENEFITS
LEAVE FOR MISCARRIAGE AND ILLNESS
In case of miscarriage or medical termination of pregnancy, a woman shall, on production of the prescribed proof, be entitled to leave with wages at the rate of maternity benefit, for a period of 6 weeks immediately following the day of her miscarriage or medical termination of pregnancy.
LEAVE FOR TUBECTOMY OPERATION
In case of tubectomy operation, a woman shall, on production of prescribed proof, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of operation.
LEAVE FOR ILLNESS
Leave for a maximum period of one month with wages at the rate of maternity benefit are allowable in case of illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy or tubectomy operation.
MEDICAL BONUS
Every woman entitled to maternity benefit shall also be allowed a medical bonus of Rs. 250, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.
From India, Hyderabad
Acknowledge(0)Amend(0)
As per Maternity Benefit Act the total leave entitled is 84 days i.e. 12 weeks which is further bifurcated as under
• Leave with average pay for six weeks before the delivery.
• Leave with average pay for six weeks after the delivery.
Apart from that the employee is eligible for further leave due to
Leave for illness arising out of pregnancy etc.
A woman suffering from illness arising our of pregnancy, delivery, premature birth of child (Miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum period of one month
It is always advisable to display the Maternity Benefit Act so that the employees are well aware of. Please send a copy of the Maternity Benefit Act to the female employee so that she is aware of the Leave
From India, Ahmadabad
Acknowledge(0)Amend(0)
• Leave with average pay for six weeks before the delivery.
• Leave with average pay for six weeks after the delivery.
Apart from that the employee is eligible for further leave due to
Leave for illness arising out of pregnancy etc.
A woman suffering from illness arising our of pregnancy, delivery, premature birth of child (Miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum period of one month
It is always advisable to display the Maternity Benefit Act so that the employees are well aware of. Please send a copy of the Maternity Benefit Act to the female employee so that she is aware of the Leave
From India, Ahmadabad
Acknowledge(0)Amend(0)
Thank you for your responses. We are ready to give 3 months of maternity leave. However, the employee's due date is in the last week of August, and she wants to go on leave from this month as her health is fine. Upon asking her about joining after the due date, she mentioned that she would require a minimum of 6 months to join, totaling 9 months in total. What should be done in such a case?
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
HI, if she cant able to work then accept her leave and remaining days treat as loss of pay..
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
Yes Merla Ravi Kumar has aptly answered, first let her claim the Maternity Benefit, any leave beyond 84 days without proper supporting can be treated as Leave without Pay (LWP)
From India, Ahmadabad
Acknowledge(0)Amend(0)
From India, Ahmadabad
Acknowledge(0)Amend(0)
Dear Merla Ravi Kumar,
You have mentioned in your thread that "All married female staff is entitled to receive maternity benefit." The definition of woman under Section 2(o) of the Maternity Benefits Act, 1961 does not demarcate between married and unmarried women. It defines "woman" as a woman employed, whether directly or through any agency, for wages in any establishment. This is also evident from the fact that in the various forms prescribed under Maternity Rules of the States, they ask for the name of the woman, wife/daughter of Sh X, Y, or Z, and nothing else.
I hope you will agree with me.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Acknowledge(0)Amend(0)
You have mentioned in your thread that "All married female staff is entitled to receive maternity benefit." The definition of woman under Section 2(o) of the Maternity Benefits Act, 1961 does not demarcate between married and unmarried women. It defines "woman" as a woman employed, whether directly or through any agency, for wages in any establishment. This is also evident from the fact that in the various forms prescribed under Maternity Rules of the States, they ask for the name of the woman, wife/daughter of Sh X, Y, or Z, and nothing else.
I hope you will agree with me.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Acknowledge(0)Amend(0)
Are You sure that in case of Miscariage & Illness, the maternity leave is for 6 weeks. I think another 6 weeks extension is admissible (i.e. 6 = 6 = 12 weeks) in case of Miscarriage.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Maternity Leave Policy - posting.doc