Leave under maternity Benefit act
Srinivas
(Querist) 19 August 2008
This query is : Resolved
Dear all,
can you pls suggest me about the following:
1. what is the number of days of leave that we have to give for women employees under maternity benefit act?
2. Should we have to pay full salary for the period?
3. I understand law recommends 12 weeks leave and if the person is still not fit and if receommeded by their doctor for further rest, then, the leave can be extended for 1 more month(3 months + 1 month). Under this case, should the company pay salary for the fourth month and give leave under maternity benefit?
Hope to receive your response on this.
Regards,
Srinivas
Guest
(Expert) 20 August 2008
PROHIBITED PERIOD OF EMPLOYEMENT OR WORK: The employment of
women, or work by women in any establishment during the six weeks immediately
following the day of her delivery or her miscarriage (sectiion-4).
IV PAYMENT OF MATERNITY BENEFIT: Every women shall be entitled to, and her
employer shall be liable for, the payment of maternity benefit at the rate of average
daily wage for the period of her actual absence, and any period of her actual absence,
and any period immediately following the date of delivery and including the actual day
for her delivery (Section –5). In addition to the maternity benefit, every women shall
also be entitled to receive a medical bonus of Rs.250/- if no prenatal confinement and
post natal care is provided free of charge (section-8)
V ELIGIBILITY FOR MATERNITY BENEFIT:
A women shall be entitled to maternity benefit only if she has actually worked in an
establishment of the employer for a period of not less then eighty days in the twelve
months immediately proceeding the date of her expected delivery (section-5[2])
MAXIMUM PERIOD OF MATERNITY BENEFIT: Maximum twelve weeks of
which not more then six weeks shall proceed the date of her expected delivery (section-
5[5])
VII OTHER BENEFITS: Act also provides provisions for leave for miscarriage, leave for
illness arising out of pregnancy or delivery, premature birth of child or miscarriage and
nursing breaks for nursing the child until the child attained the age of 15 months
(section-910 & 11)
VIII DISMISSAL, DEDUCTION WAGES, ETC: No employer shall discharge or dismiss
a women for her absence form work in accordance with the provisions of this Act and no
deduction shall be made from the normal; and usual daily wages of a women entitled
Srinivas
(Querist) 20 August 2008
Thanks Kotresh.
but, I am awaiting response particularly related to my query.
Regards,
Srinivas
Guest
(Expert) 22 August 2008
1. twelve weeks
2. In addition to the maternity benefit, every women shall
also be entitled to receive a medical bonus of Rs.250/-.
3.yes
