Hi,
Can an employee avail maternity leave before 3 months of the due date? Also, is it okay to take leave as loss of pay if she does not have casual leave balance up to 8 weeks before the due date?
As per the law, the company provides 6 months of maternity benefits. After this 6-month period, if the employee seeks a leave extension, is she eligible for the same? If so, for how many months can she avail leave extension? What happens if she does not rejoin? How much will be her service period? Will it include all days up to her resignation date?
Thanks in advance for your help.
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Can an employee avail maternity leave before 3 months of the due date? Also, is it okay to take leave as loss of pay if she does not have casual leave balance up to 8 weeks before the due date?
As per the law, the company provides 6 months of maternity benefits. After this 6-month period, if the employee seeks a leave extension, is she eligible for the same? If so, for how many months can she avail leave extension? What happens if she does not rejoin? How much will be her service period? Will it include all days up to her resignation date?
Thanks in advance for your help.
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Dear Rantings007,
As per the amendment in 2017, out of the total of 26 weeks, an employee can avail leave of absence due to maternity for a maximum period of 8 weeks only prior to the expected date of delivery. Section 10 of the Act, 1961 provides for an extension of leave for a further period of one month due to illness arising out of pregnancy, delivery, etc., upon medical evidence.
If an employee availing maternity leave does not rejoin duty, it shall be treated as absence without pay. In case of no intimation or resignation, it can be treated as a case of unauthorized absence warranting disciplinary action. In case of resignation, whatever leave availed of under the Act shall be included in the service rendered by her until the effective date of resignation.
From India, Salem
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6185As per the amendment in 2017, out of the total of 26 weeks, an employee can avail leave of absence due to maternity for a maximum period of 8 weeks only prior to the expected date of delivery. Section 10 of the Act, 1961 provides for an extension of leave for a further period of one month due to illness arising out of pregnancy, delivery, etc., upon medical evidence.
If an employee availing maternity leave does not rejoin duty, it shall be treated as absence without pay. In case of no intimation or resignation, it can be treated as a case of unauthorized absence warranting disciplinary action. In case of resignation, whatever leave availed of under the Act shall be included in the service rendered by her until the effective date of resignation.
From India, Salem
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Hi,
I have been serving in a private bank for the past 5 years, and they provided me with maternity leave for 4 months. However, upon requesting a further extension, they deducted my sick leave. The bank is not under the IBA but is a well-settled scheduled commercial bank. How can I avail the benefits of the Maternity Act 2017 when they are unwilling to accept this?
From India, Jaipur
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I have been serving in a private bank for the past 5 years, and they provided me with maternity leave for 4 months. However, upon requesting a further extension, they deducted my sick leave. The bank is not under the IBA but is a well-settled scheduled commercial bank. How can I avail the benefits of the Maternity Act 2017 when they are unwilling to accept this?
From India, Jaipur
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Welfare laws are applicable in totality to employers and employees when certain obligations and benefits are thrust upon them respectively. Therefore, statutory compliance prevails over one's lesser acceptance or the other's contracting out. The fact of non-membership with the IBA cannot be a valid reason for the non-compliance of the provisions of a welfare law like the Maternity Benefit Act, 1961 once it becomes applicable to a bank irrespective of the sectoral classification of its ownership.
When the employer's order of sanction provides maternity benefit, if any, lesser than the scales mentioned in the Act, you can file a complaint under Section 17 to the inspector for your area.
From India, Salem
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When the employer's order of sanction provides maternity benefit, if any, lesser than the scales mentioned in the Act, you can file a complaint under Section 17 to the inspector for your area.
From India, Salem
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Dear Member,
You need to determine whether the Maternity Benefit Act, 1961 is applicable to your bank. If it is, you are eligible for benefits as detailed by the esteemed member, Mr. Umakanthan. You also have the option to escalate your grievance to the top management in writing.
Thank you.
From India, New Delhi
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You need to determine whether the Maternity Benefit Act, 1961 is applicable to your bank. If it is, you are eligible for benefits as detailed by the esteemed member, Mr. Umakanthan. You also have the option to escalate your grievance to the top management in writing.
Thank you.
From India, New Delhi
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Hi,
If an employee avails maternity leave and resigns after 6 months of leave, what steps can the organization take against her, considering the company paid her full salary for those 6 months?
Also, can an employee be approved for paid maternity leave if she requests it 5 months before her delivery date?
From India, Mumbai
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If an employee avails maternity leave and resigns after 6 months of leave, what steps can the organization take against her, considering the company paid her full salary for those 6 months?
Also, can an employee be approved for paid maternity leave if she requests it 5 months before her delivery date?
From India, Mumbai
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No action can be taken against an employee who resigns after availing her eligible leave. This is not only applicable to a woman employee who resigns after availing 26 weeks' maternity leave but it is also applicable to all employees who resign and leave after availing their earned leaves.
The second part of the query has been well explained by Umakanthan Sir that you can take only 8 weeks' leave prior to delivery.
From India, Kannur
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The second part of the query has been well explained by Umakanthan Sir that you can take only 8 weeks' leave prior to delivery.
From India, Kannur
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf