Hi
I want to know that Maternity leave for 90 days should be "with pay" or "without pay" in Pvt organisation.
We do have a clause of Maternity leave in our leave policy still I want to know that it should be with pay or without pay
From India, Gurgaon
I want to know that Maternity leave for 90 days should be "with pay" or "without pay" in Pvt organisation.
We do have a clause of Maternity leave in our leave policy still I want to know that it should be with pay or without pay
From India, Gurgaon
Dear,
It will pay "with wages". If you are covered under ESIC act then its wages will be paid by ESIC otherwise your company will be pay under Shop and Establishment Act.
I want to know which location are you working. If you are working in Delhi then it will be governed by Delhi Shop & Establishment Act.
Joginder Singh
From India, Gurgaon
It will pay "with wages". If you are covered under ESIC act then its wages will be paid by ESIC otherwise your company will be pay under Shop and Establishment Act.
I want to know which location are you working. If you are working in Delhi then it will be governed by Delhi Shop & Establishment Act.
Joginder Singh
From India, Gurgaon
363
Hi
As per Section 5 of Maternity Benefit Act, 1961, which reads as following:
5. RIGHT TO PAYMENT OF MATERNITY BENEFIT: (1) Subject to the provisions of this Act, every women shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of here delivery, the actual day of her delivery and any period immediately following that day.
EXPLANATION: For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calender months immediately preceding the date from which the absents herself on account of maternity, The minimum rate of wage fixed or revised under the Minimum wages Act, 1948 (11 of 1948), or ten rupees, which ever is the highest.
Sec. 5. 3) says that: The maximum period of which any women shall be entitled to maternity benefit shall be twelve weeks of which not more that six weeks shall precede the date of her expected delivery.
Provided that where a woman dies during this period, the maternity benefit shall be payable to her nominee only for the days up to and including the day of her death.
Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitle for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity befit for that entire period but if the child also dies during the said period, then, for the days upto and including the date of the death of the child.
Sec. 6. NOTICE OF CLAIM FOR MATERNITY BENEFIT AND PAYMENT THEREOF:
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any women who has not given the notice when she was pregnant, may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
(5) The amount of maternity benefit for the period preceding the date of here expected delivery shall be paid in advance by the employer to the woman on 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.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
IN CASE THE WOMAN WORKER IS UNDER ESIC COVERAGE, then she will get all the benefits from the ESIC Department and then the employer safe from payments of such benefits to his woman employees. ESIC had to pay all the benefits under ESIC Act 1948(34 of 1948) Read Section 5A.
LEAVE FOR MISCARRIAGE ETC: In case of miscarriage or medical termination of pregnancy, 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 date of her miscarriage or, as the case may be, her medical termination of pregnancy.
Section : 9A LEAVE WITH WAGES FOR TUBECTOMY OPERATION : In case of tubectomy operation, 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 two weeks immediately following the day of her tubectomy operation.
Sect: 10: Leave for illness arising of pregnancy, delivery, premature bi9rth of child, miscarriage, medical termination of pregnancy or tubectomy operation, A woman 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.
Section : 11 : NURSING BREAKS: Every woman delivered of a child who return 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 for her prescribed duration for nursing the child until the child attains the age of fifteen months.
Mohan Rao
Manager HR
From India, Visakhapatnam
As per Section 5 of Maternity Benefit Act, 1961, which reads as following:
5. RIGHT TO PAYMENT OF MATERNITY BENEFIT: (1) Subject to the provisions of this Act, every women shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of here delivery, the actual day of her delivery and any period immediately following that day.
EXPLANATION: For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calender months immediately preceding the date from which the absents herself on account of maternity, The minimum rate of wage fixed or revised under the Minimum wages Act, 1948 (11 of 1948), or ten rupees, which ever is the highest.
Sec. 5. 3) says that: The maximum period of which any women shall be entitled to maternity benefit shall be twelve weeks of which not more that six weeks shall precede the date of her expected delivery.
Provided that where a woman dies during this period, the maternity benefit shall be payable to her nominee only for the days up to and including the day of her death.
Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitle for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity befit for that entire period but if the child also dies during the said period, then, for the days upto and including the date of the death of the child.
Sec. 6. NOTICE OF CLAIM FOR MATERNITY BENEFIT AND PAYMENT THEREOF:
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any women who has not given the notice when she was pregnant, may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
(5) The amount of maternity benefit for the period preceding the date of here expected delivery shall be paid in advance by the employer to the woman on 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.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
IN CASE THE WOMAN WORKER IS UNDER ESIC COVERAGE, then she will get all the benefits from the ESIC Department and then the employer safe from payments of such benefits to his woman employees. ESIC had to pay all the benefits under ESIC Act 1948(34 of 1948) Read Section 5A.
LEAVE FOR MISCARRIAGE ETC: In case of miscarriage or medical termination of pregnancy, 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 date of her miscarriage or, as the case may be, her medical termination of pregnancy.
Section : 9A LEAVE WITH WAGES FOR TUBECTOMY OPERATION : In case of tubectomy operation, 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 two weeks immediately following the day of her tubectomy operation.
Sect: 10: Leave for illness arising of pregnancy, delivery, premature bi9rth of child, miscarriage, medical termination of pregnancy or tubectomy operation, A woman 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.
Section : 11 : NURSING BREAKS: Every woman delivered of a child who return 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 for her prescribed duration for nursing the child until the child attains the age of fifteen months.
Mohan Rao
Manager HR
From India, Visakhapatnam
is maternity leave is applicable irrespective of salary drawn?- ie where the salary drawn is beyond PF/ESI limitation
From India, Coimbatore
From India, Coimbatore
Hi,
I am working on policies for an organization covered under Bombay Shop and Establishment Act.
According to Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed, I wanted to know if there is a minimum period criteria & if not then is it required by law to cumpolsorily grant 12 weeks or can the specified period be reduced.
Please do help.
Sharon
From India, Mumbai
I am working on policies for an organization covered under Bombay Shop and Establishment Act.
According to Maternity Benefit Act, 12 weeks is the maximum period of leave that can be availed, I wanted to know if there is a minimum period criteria & if not then is it required by law to cumpolsorily grant 12 weeks or can the specified period be reduced.
Please do help.
Sharon
From India, Mumbai
Dear
According section 5(3) of the Maternity Benefit Act, 1961 the maximum period for which any woman shall be entiled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.Thus the employer is not in a position to reduce the maximum period while the woman is at liberty to receive this benefit for a lessor number of days of her own.
With Regards,
R.N.Khola
From India, Delhi
According section 5(3) of the Maternity Benefit Act, 1961 the maximum period for which any woman shall be entiled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.Thus the employer is not in a position to reduce the maximum period while the woman is at liberty to receive this benefit for a lessor number of days of her own.
With Regards,
R.N.Khola
From India, Delhi
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