reg. maternity benefit act
NAMRATA DONTUL
(Querist) 07 August 2008
This query is : Resolved
I am an employee of IT co. I would like to know the eligibility of a woman to avail maternity benefit in an IT Company. Is it 80 days or 160 days? What are the various benefits that she could avail if she is eligible for maternity benefit/provisions.
Guest
(Expert) 07 August 2008
As far I know it is 12 weeks for 1st child.
In one of companies it is as under
An employee who has completed 2 years with the organization can avail 12 weeks of Maternity leave for her 1st child. In case of any illness or complications arising out of pregnancy, the employee is entitled to a maximum of One month leave over and above the 12 weeks of Maternity leave on producing required Medical Certificates. In case of delivery of the 2nd child, the employee can avail 12 weeks of Maternity leave but it will be treated as “Leave Without Pay”.
Manish Singh
(Expert) 07 August 2008
1)she is entitled for leaven in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
2) she wont be required, afetr a request being made by her in this behalf, by her employer to do, during the period stated below, any work which is of an arduous nature or which involves long hours o standing, or which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
The period referred to above shall be -
(a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6
3).The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day
4).No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom the claims maternity benefit, for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery
5)Every woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of twenty-five rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.
6).In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage.
7).A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her, to leave with wages at the rate of maternity benefit for a maximum period of one month.
8).Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months
Srinivas.B.S.S.T
(Expert) 07 August 2008
Detailed reply. Nice work Manish Singh Ji
NAMRATA DONTUL
(Querist) 11 August 2008
Thanks a lot to all of you for reply.
I have read Maternity Benefit act in which it was stated that
"As per Maternity Benefit Act, 1961. a woman shall be entitle to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less than eighty days in the twelve months immediately proceeding the date of her expected delivery"
My query is about 'how many days she should actualy work for the applicability of the Maternity benefit act and whether she is applicable for the full 12 weeks salary if she is applicable under the Maternity Benefit act.
