Hi, I will about to join the organization on 1st Aug’2022. How long is required to work to get a 6-month paid maternity leave? By when can I avail paid 6 months maternity leaves, A suggestion of date would help to understand better. Please explain in detail. Thanks
From India, Kolkata
From India, Kolkata
I think you should first join the organisation. Then take a call. You cannot join an organisation expecting the leaves to which you will be eligible to.
What the law states is that a woman employee should have worked at least for 80 days during the twelve months preceding the date of delivery in order to be entitled to get maternity benefits like 6 months/ 26 weeks leave and medical bonus of Rs 3500.
If the employer interprets that "during the 12 months" immediately preceding the date of delivery should mean that she should have worked for 12 months and in this twelve months she should have 80 days attendance, what will you do? The interpretation of the employer cannot be rejected fully. This is because section 5(2) of the Maternity Benefits Act says that "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery." If an employee who has worked for 80 days is to be given 26 weeks leave what is the significance of 'during 12 months" immediately preceding the date of or expected date of delivery?
In the case of woman employee who is covered by ESI Act, the eligibility is more clearly defined and a woman who has worked at least for 70 days in two consecutive contribution periods of six months each only shall get the benefits. here 2 contribution periods, ie, 12 months, is mandatory.
From India, Kannur
4249What the law states is that a woman employee should have worked at least for 80 days during the twelve months preceding the date of delivery in order to be entitled to get maternity benefits like 6 months/ 26 weeks leave and medical bonus of Rs 3500.
If the employer interprets that "during the 12 months" immediately preceding the date of delivery should mean that she should have worked for 12 months and in this twelve months she should have 80 days attendance, what will you do? The interpretation of the employer cannot be rejected fully. This is because section 5(2) of the Maternity Benefits Act says that "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery." If an employee who has worked for 80 days is to be given 26 weeks leave what is the significance of 'during 12 months" immediately preceding the date of or expected date of delivery?
In the case of woman employee who is covered by ESI Act, the eligibility is more clearly defined and a woman who has worked at least for 70 days in two consecutive contribution periods of six months each only shall get the benefits. here 2 contribution periods, ie, 12 months, is mandatory.
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