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Sourav Hajra (Director)     08 April 2013

Medical leaves

Dear Members,

At our company, we provide a total of 25 paid leaves including Central Govt and State Govt Holidays. As per the Factories act, every employee is entitled to a paid leave for 20 days worked.

Now, as my company operates on a 6 day week. Every employee works for (6*4*12) 288 days. Assuming an employee working for all 288 days, he earns 14 paid leaves. Including 3 Central Govt Holiday and 3 State Govt holiday, it still comes up to 20 days. 

Do we still need to provide paid medical leave of any sought?

Regards



Learning

 6 Replies

VISHWANATH (nill)     09 April 2013

I am from andhra pradesh and my wife is School Teacher and she is about to deliver and I want to know that from when maternity leave can be availed i.e 

1. Her shcool last working day is 23/04/2013 and her delivery date is 24/04/2013 so from when she can avail the maternity leave.

2. As the school last working day is 23/04/2013 and summer vacation starts and after reopen of school she can avail the maternity leave i.e. from 12/06/2013

3. whether any perfect Government Orders are in related to Availment of Maternity Leave 

Sourav Hajra (Director)     09 April 2013

Dear Mr. vishwanth,

This thread was to answer my querry. For your querry, please start a new thread from next time.

To answer your querry,

 

  • The employer is considered responsible for the payment of maternity benefit as per the rate of the average daily wages, for the time she is actually absent.
  • A woman is entitled to maternity benefit only after she had worked in an establishment for a period of at least 160 days spanning twelve months, previous to the expected delivery date.
  • A woman is entitled for maternity benefit for a period of maximum twelve weeks. This includes six weeks before and after the delivery including the day of the delivery.

 

A written notice must be submitted by a woman to avail the maternity benefits. The start date of the notice should be the date of going on leave. The notice should state:

  • That the payment of compensation should be made to her or to her nominee.
  • That she will not engage herself any kind of work in any other establishment while on leave.
  • The specified date from which she will be absent which shall not be before six weeks of her expected delivery date.

The notice shall be submitted before or after delivery.

Sudhir Kumar, Advocate (Advocate)     10 April 2013

query of Vishwanath is replied at https://www.lawyersclubindia.com/experts/Maternity-Leave-in-Andhra-Pradesh-School-Service-384896.asp

Sudhir Kumar, Advocate (Advocate)     10 April 2013

the reply given in resppose to query of Vishwanath is based on Maternity Benefit Act which does not apply to Govt employees.

Sudhir Kumar, Advocate (Advocate)     10 April 2013

now  query of Mr Saurav.

 

You are making wrong calculation.  One year doe snot have 48 (1284) weeks it has 52 weeks so the working days are not 288 rather they are 312 (52*6)

 

what about 26 Jan, 2nd Oct and 15 Aug

1 Like

Sourav Hajra (Director)     11 April 2013

@Sudhir Kumar: Thank you so much, but what about the medical leaves' compulsion?


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