Maternity leave

1. Yes.

2. The establishment which has appointed you, and whose muster roll your name appears.

 You may however inform both at workplace and ICMR.

{ The Supreme Court, in Municipal Corporation of Delhi v. Female workers (Muster Roll) & Anr. (2000 I C.I.R. 879) has said; "We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular woman employees to the benefit of maternity leave and not those who are engaged on casual basis or on muster roll on daily wage basis."}

Extracting resignation by coercion/threat/force is offence.

Extracting resignation from a pregnant women that too if she has reported pregnancy can become a situation difficult to handle for line managers/HR/employer……………….

Maternity Benefit Act:

-------There are provisions for imprisonment and penalty in the Act {Section 21}

--------Maternity Leave has been enhanced from 90 days to 180 days in case of various State Public Sector Undertakings, Statutory Boards………….

In case of other employees:

Total Maternity benefit 12 weeks: out of which not more than 6 weeks shall precede the date of expected delivery.

{ Under the Act the employer is required: (a) to exhibit the abstract of the provisions of the Act and the rules made thereunder in a conspicuous place in every part of the establishment in which women are employed {Section 19 & Rule 5}; (b) to maintain a muster roll in the prescribed form {Rule 3}; (c) to submit annual returns in the four prescribed forms. {Rule 16}}

Therefore your employer that has issued appointment letter and employer at your work place should confirm what your eligibility is.

Then another one month leave can be availed: A woman suffering from illness arising out of pregnancy delivery……………………..{Section 10}.

--------Submit Proof of pregnancy/expected date of delivery under proper acknowledgment.

The amount of Maternity benefit for period before delivery should be paid in advance……………..

{6. Notice of claim for maternity benefit and payment thereof. –

 “ (5) }

Medical Bonus Rs.3500/ is also to be paid {“ 8. Payment of medical bonus. –}

There are many threads which you may find relevant and useful:

https://www.lawyersclubindia.com/forum/Forced-to-resign-during-my-maternity-leave-82545.asp#.UcUtsjuAqWM

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UbicovlVPxo

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

After reading Mr. Kumar Doab's reply there remains any thing else to suggest.

We are glad that his quick and exhaustive reply goes a long way to assuage

the anguish of a querist. Expertise justifies the word EXPERT. Thanks.

Dr. Trinath Dash

hwether you are being paid out of Govt budget or just cheques are signed by Govt officials out of some other grant? 

This information is vital for me to agree or disagree with Mr Kumar Doab.