Shashank Raj 10 March 2017
Dear Sir/Madam,
My wife works in TechMahindra (Software Company).
She gave birth to a baby boy on 25th January, 2017 & is currently in Maternity Leave.
As per her company's policy, she is allowed Maternity Leave only for 90 calendar days of paid leave.
Since the Parliament has passed The Maternity Benefit (Amendment) Bill, 2016 on 9th March, 2017 allowing 26 weeks of paid leave, can we challenge the company to extend my wife's paid maternity leave period to 26 weeks?
Thanks,
Shashank
Kumar Doab (FIN) 10 March 2017
After the Bill is passed it is sent to President of India for assent.
It is notified in the gazette.
It becomes applicable from the date mentioned in gazette Notifcatioon.
M/s TechMahindra (Software Company) shall also be liable to comply and implement from the date mentioned in the Notification.
Kumar Doab (FIN) 10 March 2017
Maternitiy Benfit Act, 1961 provides for many benefits and all covered establishments/employer are under obligation to comply.
e.g; Another 30days Maternity Benefit if pregnant woman employee suffers from sickness due to pregnancy delivery.
The covered establishments/employer canot provide benefits inferior to the provisions of the existing Act but can provide superior benefits, by its own sweet will/wish/decision/policy.
There are private establishment that have already been providing 180days Maternity Benefit to its employees, by their own internal policy.
There are many threads on Maternity Benefit that you and readers may find relevant and useful.
https://www.lawyersclubindia.com/forum/180-days-maternity-leave-for-women-working-in-private-sector-102343.asp
https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN
https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM
https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM
https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM
https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM
https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO
https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.U0pY90eBmXX
https://www.lawyersclubindia.com/forum/Regarding-maternity-leave-100692.asp#.U1N830eBmXU
Kumar Doab (FIN) 04 April 2017
It is passed.
Go thru:
THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017
NO. 6 OF 2017
[27th March, 2017.]
Shashank Raj 04 April 2017
Kumar Doab (FIN) 05 April 2017
You are welcome.
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