Hi whether company should provide me full payment salary for 6 months of maternity leave or just basic salary.. please help with answer
From India, Bangalore
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Dear Experts,

I am pregnant and have been working in a private organization for the last four years. My due date is on September 4th, and recently, my boss/director has changed my profile from backend to sales & marketing. Due to my pregnancy, it is becoming challenging to go out in the market in this scorching sun. My concerns are:

1. Can I ask for maternity leave starting from May 15th, or how far in advance can I request it?
2. Is there any rule regarding potential resignation requests from my employer? They have already informed me that there is no position available in the backend team, so I cannot request to stay in that role. Please let me know if there are any other options available for me to take maternity leave.

Thank you.

From India, Bhopal
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nathrao
3251

Please meet with the HR team and explain your problem to them. (They should be aware of your medical condition by now). The law stipulates that 8 weeks prior to the due date, the concerned person should not be assigned heavy-duty tasks that could affect their medical condition. An additional month is also provided for in the act. This means the company cannot require you to work in the hot sun and they cannot dismiss you during this period. Below is an extract from the bare act:

4. Employment of or work by, women prohibited during certain periods

(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.

(2) No women shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage, or medical termination of pregnancy.

(3) Without prejudice to the provisions of section 6, no pregnant woman shall, upon her request, be required by her employer to perform any arduous work, work involving long hours of standing, or any work likely to interfere with her pregnancy or the normal development of the fetus, or likely to cause miscarriage or adversely affect her health during the specified period in sub-section (4).

(4) The period mentioned in sub-section (3) shall be:
(a) The one month immediately preceding the six weeks before the expected delivery date.
(b) Any period within the six weeks for which the pregnant woman does not take leave under section 6.

The 6-week period was extended to 8 weeks in 2017. Therefore, address the problem confidently knowing that the law supports you. It may only take a few days to resolve the issue regarding your maternity leave. Remember to maintain a polite and courteous demeanor when discussing this matter with them.

From India, Pune
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Thanku so much Nathao ji....Can you please share your contact no.. as need to ask something only if you are okay to share it!
From India, Bhopal
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Dear Ms. [Last Name],

Not to worry, the Maternity Benefit Act is for protection. Please immediately obtain a medical certificate from your treating doctor/hospital and submit the same, informing them about your inability to travel in view of your pregnancy.

With regards,

G. Dayanand

From India, Secunderabad
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if my due date is on November 2018 and i have joined new company on April 2018 am I eligible for maternity leave ?what should i do if company ask me for resign ? please tell me ?
From India, Pune
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nathrao
3251

Payment of Maternity Benefits Act lays down that any woman employed, whether directly or through any agency, for wages in any establishment is eligible to claim maternity benefits if she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery (Section 5 of the Act).

So you should be entitled to maternity benefits. The company cannot legally dismiss you during maternity leave periods. Do not resign. Inform the company of your pregnancy. The law is there to protect women who are pregnant and regulate working conditions.

From India, Pune
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Dear Dayanand & Natharao Ji, In how much advance I can ask for maternity leaves before my due date as for me still four months to go? Kindly suggest!
From India, Bhopal
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Dear Ms. No need to worry about this; you can contact the concerned person (HR) with your medical supporting documents. They are aware of the latest amendment of the Maternity Benefit Act of 1961. I hope they will support you.
From India, Mumbai
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nathrao
3251

Anonymous, Pl read my reply above, your query is addressed in the answer.
From India, Pune
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