---Total Maternity benefit 12 weeks: out of which not more than 6 weeks shall precede the date of expected delivery.
So after delivery a woman is entitled for Maternity benefit, say 6 weeks.
----Then another one month leave can be availed:
“A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}. “
This leave can not be refused.
You should avail this leave and salary for this period.
-----“Now my doctor says I may need a C-section and minimum 6 months rest,so I may not be able to join back soon after my maternity leave. “
You can produce a medical certificate from your doctor mentioning C-section and expected period of bed rest: 6 months, and date of review as after:…………….weeks/months, and attach it with leave application, and submit by redg. post.
After each review you can submit revised period of bed rest advised by doctor and leave application. If required you can request the company to get you examined by a specialist doctor.
Based on such it should be difficult for your manager and company to decline and terminate.
If the line manager/boss/HR does not agree you may submit a representation under acknowledgment to good offices of your appointing authority, MD, Chairman, Company Secretary, explain C-section and seek approval for leave.
The good offices can grant leave.
You may also go thru: 12. Dismissal during absence or pregnancy.
And
21. Penalty for contravention of Act by employers.
And
27. Effect of laws and agreements inconsistent with this Act. -- (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service,
----- 6. Notice of claim for maternity benefit and payment thereof. –
“ (5) The amount of maternity benefit for the period preceding the date of her expected
delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.”
------“ 8. Payment of medical bonus. -- Every woman entitled to maternity benefit under this
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.
It is felt that this amount has been increased to Rs.3500/-
------“ Will the salary paid during my maternity leave be taken back?”
The employer should not resort to such practices, however there are threads suggesting that companies indulging in such practices.
The employee can seek relief and approach Inspector.
------“ Also,I am at my hometown and wont be able to personally go to my office for clearance formalities.
Then can my husband do the clearing formalities on my behalf? { Is there any company property to be handed over by you? Depends upon your company. However if it agrees, it should be obtained in writing and proper acknowledgment should be obtained by your husband.}
Or can I delay the clearing formalities till I am able to physically go to office and clear the dues myself?”
Employer may not agree to adjust any leave in notice period.
At the same time Employer can waive off notice period/pay and handover formalities. You may peruse.
However employee should get everything in writing.
Finally: Rest is up to you. You may proceed as deemed fit.
