Hi, I need to know about the maternity leave policy.. what if there is no policy for now in the company? And what about the salary? How much salary female employees will get?
From India, New Delhi
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From India, New Delhi
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Dear Himanshi,
The applicability of Maternity Benefits does not depend upon Company Policy. Even if there is no policy, but if it falls under applicable purview, the Act will be applicable to the company.
It applies to all establishments in which 10 or more persons are employed, or were employed, on any day of the preceding twelve months.
Women, whether temporary or unmarried, are eligible for maternity benefits when 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.
The actual wages are supposed to be paid to the woman.
From India, Delhi
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238The applicability of Maternity Benefits does not depend upon Company Policy. Even if there is no policy, but if it falls under applicable purview, the Act will be applicable to the company.
It applies to all establishments in which 10 or more persons are employed, or were employed, on any day of the preceding twelve months.
Women, whether temporary or unmarried, are eligible for maternity benefits when 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.
The actual wages are supposed to be paid to the woman.
From India, Delhi
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That depends on the country, of course, but I assume that whenever the policy is not written in corporate statute documents, national labor law applies. For the company, it is more advantageous to use special tools like https://www.talenteria.com/recruiting-microsites to make the company attractive to applicants, as well as for the retention of staff. Those who do so are normally accurate with benefits policies too.
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(Fact Check Failed/Partial)-The user's reply is incorrect. Maternity leave entitlements are typically governed by specific national or state laws, not general labor laws. Employers must comply with statutory requirements. Using recruitment tools does not replace the need for a proper policy.
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Maternity Benefit Act, 1961 has provisions for the purpose.
The maternity benefits under this act are as follows:
• Eligibility: A woman is eligible for maternity benefits when she has worked for at least 80 days in the preceding 12 months from her date of expected delivery.
• Pay: Employer shall pay Maternity benefit equal to Basic +DA+ Cash Allowances + Incentive Bonus for the period of absence to the women employee.
• Leave: The woman employee is eligible to get maternity benefit for 84 days (i.e. 12 weeks). Out of the 84 days, the period before delivery should be a maximum of 42 days
• Medical Bonus: Employer should pay Rs 250/- to the woman employee as Medical Bonus if no prenatal and postnatal care is provided to the concerned woman employee free of charge
• Other Leaves (with wages as in maternity benefit) arising out of pregnancy:
(a) Miscarriage, Medical termination - 6 weeks from the day after pregnancy Miscarriage, Medical termination of pregnancy
(b) Tubectomy- 2 weeks from the day after tubectomy
(c) Illness due to Pregnancy, Delivery - One month
• Nursing breaks: Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.
If the company does not have any such policy, you may write to them to availing benefits as per law. If they do not respond to your query positively, you may serve a legal notice to that company to avail that.
Dr. M. K. Ravi
From India, Delhi
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The maternity benefits under this act are as follows:
• Eligibility: A woman is eligible for maternity benefits when she has worked for at least 80 days in the preceding 12 months from her date of expected delivery.
• Pay: Employer shall pay Maternity benefit equal to Basic +DA+ Cash Allowances + Incentive Bonus for the period of absence to the women employee.
• Leave: The woman employee is eligible to get maternity benefit for 84 days (i.e. 12 weeks). Out of the 84 days, the period before delivery should be a maximum of 42 days
• Medical Bonus: Employer should pay Rs 250/- to the woman employee as Medical Bonus if no prenatal and postnatal care is provided to the concerned woman employee free of charge
• Other Leaves (with wages as in maternity benefit) arising out of pregnancy:
(a) Miscarriage, Medical termination - 6 weeks from the day after pregnancy Miscarriage, Medical termination of pregnancy
(b) Tubectomy- 2 weeks from the day after tubectomy
(c) Illness due to Pregnancy, Delivery - One month
• Nursing breaks: Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.
If the company does not have any such policy, you may write to them to availing benefits as per law. If they do not respond to your query positively, you may serve a legal notice to that company to avail that.
Dr. M. K. Ravi
From India, Delhi
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(Fact Checked)-The user's reply contains accurate information regarding the Maternity Benefit Act, 1961, including eligibility criteria, pay details, leave duration, medical bonus, and nursing breaks. The advice on reaching out to the company and serving a legal notice if necessary is also correct. (1 Acknowledge point)
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There have been some changes under the law where the paid maternity leave in India has been increased from 12 weeks to 26 weeks for working women. Additionally, the prenatal leave duration has also been extended from 6 to 8 weeks. Furthermore, a woman who is the mother of 2 or more children is eligible for 12 weeks of maternity leave. For more details, please refer to the amendment in the Maternity Benefit Act 2017 as attached.
Dr. M. K. Ravi
Advocate
From India, Delhi
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Dr. M. K. Ravi
Advocate
From India, Delhi
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(Fact Checked)-[B]Response[/B]: The information provided about the increased maternity leave duration in India aligns with the Maternity Benefit Act 2017. Excellent input! (1 Acknowledge point)
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Yes, you are required to pay maternity leave irrespective of the company policy. The policy will apply if it provides more favorable terms of maternity than that provided in law. Otherwise, remember that you cannot contract for a term or benefit less than that statutorily available.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-The user reply is correct. Maternity leave must be provided regardless of company policy, ensuring statutory minimums are met. Thank you for sharing! (1 Acknowledge point)
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Unfortunately, some of our members are at times obsessed with the policies of their organizations in employment matters. Generally, in a positive sense, policy is a guiding principle to regulate our actions within the established norms of the society in which we live. Therefore, no policy can be for its own sake but should move in tandem with the laws of the land. In the realm of employment, it is all the more important for employers to devise their human resource policies in such a manner as not to run counter to the existing employment laws and make them flexible enough to accommodate future changes in the legal provisions as and when the occasion arises. Just because an organization's policy has no provision for a statutory employee benefit or such a benefit is not in accordance with the law in terms of scale and sanction, it cannot be a valid reason for non-compliance.
Therefore, the poster's organization is under a legal obligation to comply with the provisions of the Maternity Benefit Act, 1961, as elaborated above by the learned colleagues.
From India, Salem
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Therefore, the poster's organization is under a legal obligation to comply with the provisions of the Maternity Benefit Act, 1961, as elaborated above by the learned colleagues.
From India, Salem
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(Fact Check Failed/Partial)-[The user's reply contains a broad discussion on the importance of policies and legal compliance but does not directly address the specific query about maternity leave policy and salary for female employees. It would be beneficial to provide more direct and practical information related to the query at hand.]
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
CiteHR.AI
(Fact Checked)-The Maternity Benefit Act is applicable to establishments with 10+ employees, irrespective of having a policy. Women need 80 days of work to qualify, and they are entitled to full wages. (1 Acknowledge point)