meternity leave
Dibakar Misra
(Querist) 05 September 2016
This query is : Resolved
my wife is pregnant and she is working in a private concern but her office authority don't agree to grant her 26 weeks meternity leave as per govt rule.they told her to take 4 month meternity leave they said that company does not publish any circular regarding 26 weeks meternity leave.what should we do.
Guest
(Expert) 05 September 2016
Mr. Dinkar Mishra,
From the instances of 26 weeks and 4 months it appears, your query is of academic nature, not a real problem.
However, if there is any truth in your story, are you sure that any notification or circular has so far been issued by the Government about maternity leave of 26 weeks? If so, what is the source of your knowledge?
However, if the private concern has agreed to grant 4 months maternity leave that will be beneficial to your wife for the present, as even for grant of 4 months of maternity leave there exists no provision.
Kumar Doab
(Expert) 05 September 2016
Maternity Benefit Act may apply to the establishment.
Benefits shall be as as provided for in the Act.
Is establishment and employee covered by ESIC?
In any case apply for Maternity Leave/benefits, in writing under proper acknowledgment and attach copy of DR.Rx showing tentative date of delivery.
Dibakar Misra
(Querist) 05 September 2016
then i want to know that is there any govt rules about meternity leave for private concern employees.
Sudhir Kumar, Advocate
(Expert) 05 September 2016
agreeing with Mr Kumar Doab I would add that it is not choice of the company to be amenable to the Act of the Parliament. So the issue or non-issue of circular by them is immaterial.
Rajendra K Goyal
(Expert) 05 September 2016
The author has not provided the information sought by the experts.
Kumar Doab
(Expert) 05 September 2016
You have not replied to the points raised.
The Act has already been mentioned in previous post: Maternity Benefit Act.
Employer can provide superior benefits than provided in the Act, but can not offer inferior benefits.
Thus employer can offer '4 month maternity leave '.................even '26 weeks maternity leave'by its own choice and sweet will.
Many private sector employers provide superior benefits.
Kumar Doab
(Expert) 05 September 2016
According to you:
Has 'The Maternity Benefit (Amendment) Bill, 2016' been passed and given assent and notified in gazette?
Guest
(Expert) 05 September 2016
Rajendra ji,
He is not expected to provide the information, as the query from its nature, in itself, is a hypothetical academic query.
I ws also expecting supplementary query from hi, which he posted without caring to reply my question.
Dibakar Misra
(Querist) 05 September 2016
no the company is not covered by esic.
they provide 4 month meternity leave instead of 26 weeks.They just that company doesnot issue any circular regarding new meternity leave.
Dibakar Misra
(Querist) 05 September 2016
and i also want to know about meternity benefit bill 2016 passed in rajya sabha in monsoon session. is it applicable for any private company irrespective ofctheir own company rule.
Dibakar Misra
(Querist) 05 September 2016
and i also want to know about meternity benefit bill 2016 passed in rajya sabha in monsoon session. is it applicable for any private company irrespective ofctheir own company rule.
Rajendra K Goyal
(Expert) 05 September 2016
Not applicable till notified in gazette after process.
Kumar Doab
(Expert) 05 September 2016
Your company is providing 4 months Maternity Benefit which is superior to as provided in;
THE MATERNITY BENEFIT ACT, 1961
http://www.ilo.org/dyn/travail/docs/678/maternitybenefitsact1961.pdf
Accept it with thanks.
Kumar Doab
(Expert) 05 September 2016
If The Maternity Benefit (Amendment) Bill, 2016' is passed and given assent and notified in gazette, with retrospective effect, covering your claim period, then claim later.
Kumar Doab
(Expert) 05 September 2016
Probably you have not understood the 4 months Maternity Benefit offered by the company and has not related it with the Act.
The employer has to display the Extracts from the Act at a conspicuous place in establishment.
So there is nothing like that employer can conceal its policy.
You can demand to supply it in writing under proper acknowledgment.
The Act provides for 12 weeks maternity benefit @ as defined in the Act+ 1 month additional if woman suffers from sickness due to pregnancy delivery+ bonus of Rs.3500/
Thus the 4 months might be as per the Act and the company might not be providing any superior benefit.
Guest
(Expert) 05 September 2016
We can expect unending chain of supplementary question to the original academic question, as started by the querist now.
Rajendra K Goyal
(Expert) 06 September 2016
I agree with the expert P.S. Dhinrgra ji.
Kumar Doab
(Expert) 06 September 2016
Submit intimation and apply for Maternity Leave/benefits, in writing under proper acknowledgment and attach copy of DR.Rx showing tentative date of delivery, of course under proper acknowledgment.
Rest has been discussed in detail.
Dibakar Misra
(Querist) 06 September 2016
thanks. its a real problem not an academic question mr dhingra.i collect the information from news.and i want know the experts advice.Thanks for your kind information.
Dibakar Misra
(Querist) 06 September 2016
thanks. its a real problem not an academic question mr dhingra.i collect the information from news.and i want know the experts advice.
Guest
(Expert) 06 September 2016
Mr. Dibakar,
If a real problem, what is the problem in taking maternity leave according to the existing provisions of law, or to avail as per rules of the organisation, whichever is beneficial?
News is not a substitute to law. Law takes its own time to get finalised after going through rigour of several sources and procedures.
Kumar Doab
(Expert) 06 September 2016
Your query has been replied from various stances.
Rest you may act as deemed fit.
P. Venu
(Expert) 06 September 2016
The proposed amendment to the Maternity Benefit Act enhancing the benefit to 26 months is yet to become the law. As such, the employer is giving a better benefit. You and your wife should be happy about the situation.
Kumar Doab
(Expert) 07 September 2016
You are welcome.
