Maternity leave for surrogate mother

Maternity leave is governed by the Maternity Act and there is no exclusion of surrogacy. Hence service rules cannot be in derogation to the Act. 

PLEASE SEND ME THE DETAILS OF MATERNITY LEAVE APPLICABLE FOR SURROGATE MOTHER  WORKING IN STATE BANK OF INDIA AT rupakapil@sify.com

Learned Mr. Vasudevan has given valuable advice. Kindly follow it.

Learned experts of LCI, Mr. Makkad, Mr. Vasudevan, Mr. Sudhir Kumar,Mr. Paranjape have given valuable advice in following thread, on applicability of maternity leave in case of surrogacy. The link is given below. Kindly go thru it.

https://www.lawyersclubindia.com/forum/Re-Maternity-leave-53895.asp

MATERNITY BENEFIT ACT, 1961 is enclosed.

3. Definitions.

(o) “woman” means a woman employed, whether directly or through any agency, for
wages in any establishment.

4. Employment of, or work by, women prohibited during certain period. -- (1) No
employer shall knowingly employ a woman in any establishment during the six weeks
immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately
following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a
request being made by her in this behalf, be required by her employer to do during the
period specified in sub-section (4) any work 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.
(4) The period referred to in sub-section (3) shall be –
(a) at 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

9. Leave for miscarriage. -- 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.
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or
miscarriage. -- A woman suffering 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 under section 6, or, as the case
may be, under section 9, to leave with wages at the rate of maternity benefit for a
maximum period of one month.
11. Nursing breaks. -- 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.

Section 8 of the Act reads a follows after April2 2008:

"Payment of medical bonus. (1) Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

"S.O.2016(E)-In exercise of the powers conferred by sub-section (2) of Section 8 of the Maternity Benefit Act, 1961 (53 of 1961), the Central Government hereby increases the amount of medical bonus from one thousand rupees to two thousand five hundred rupees with effect from the date of publication of this notification in the Official Gazette."