Ruchi Choudhary (Manager-HR) 26 August 2010

Maternity Leave

Dear All,

Wanted to get the clarification on Maternity Benefit Act, 1961

1)As per the act,Section 5(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"

But can body tell me if a women is not taking 6 weeks leave prior to delivery can she club the leaves with six weeks after the delivery?

As it is not stated anywhere that a women can club the leaves pl specify if any notification is issued in this regards.

Experts are welcome to give suggestion.

regards,

Ruchi

Reply Follow

5 Replies

SANJAY JOIL (LAW STUDENT) 28 August 2010

If the employer is ready to give such facility or if the leave rules of that company provides so they can give it. As leave are governed by SHOPS AND ESTABLISHMENT ACT (along with Maternity Benefit Act in case of ML)

every shops and establishment act provides for :-

POWERS TO EXEMPT ESTABLISHMENTS : Where the state government is satisfied that the leave rules applicable to the employees in an establishment provides benefits which in its opinion are not less favourable than those of provided under the shops and establishment act.

So everything depends upon the Leave Policy of the company. If it is beneficial than the provisions of the LAW, the company is exempted from the provisions of these Acts in this regard.

Ruchi Choudhary (Manager-HR) 28 August 2010

Thanks sanjay,

The company doesnt have any such leave policy and the employee is not even cover under ESI. that's why just wanted to get the clarification.

V. VASUDEVAN (LEGAL COUNSEL) 28 August 2010

Dear Suchi,

The six weeks following the date of delivery (or miscarriage, etc.) is mandatory. As for six weeks prior to the expected date of delivery, the company can consider adjustment of part leave (at least two weeks prior is essential preceding the maternity) post maternity. If you see the act, even post maternity, if the employee request on medical grounds extra leave has to be granted.

However, if the work involved field work and/or precarious nature (other than office seat job) it would be advisable to recommend the employee to avail the full 6 weeks, in the interest of her and healthy formation of the foetus. In every case of request to adjust the 6 weeks preceding the maternity, it is safer to get the physicians's advice before granting the leave. Hope you have also taken note of the maternity bonus to be given to the employee, by the company.

SANJAY JOIL (LAW STUDENT) 28 August 2010

Please find three attachments which will clear that 6 weeks post delivery leave is mandatory [section 4(1) and (2)] but 6 weeks before delivery leave is not compulsory [section 4(3) and (4) ]

Thanx for nice query , it updated my knowledge.

Attached File : 14 14 maternity benefits.zip downloaded: 358 times