Greetings to All !!!!!!!!
I am in need of a clarification on Maternity Benefit.
One of our Women Employee has already availed the benefit of Maternity leave in our company 2years back and now she will be go on maternity leave next month onwards.
My question is Can an employee claim the benefit of maternity leave more than once during her any term of employment with a company or is their any clause saying any specified number of times only can be availed during her employment with the present company..
Kindly Clarify..
Regards
Nisha
From India, Bangalore
5I am in need of a clarification on Maternity Benefit.
One of our Women Employee has already availed the benefit of Maternity leave in our company 2years back and now she will be go on maternity leave next month onwards.
My question is Can an employee claim the benefit of maternity leave more than once during her any term of employment with a company or is their any clause saying any specified number of times only can be availed during her employment with the present company..
Kindly Clarify..
Regards
Nisha
From India, Bangalore
i am looking for the same answer. Please update if in case you get to know this please advise.
From India, Pune
From India, Pune
The Maternity Benefit Act is silent about number of times of maternity leaves and , therefore, it should be presumed that one can avail maternity leave for any number of times. We should also remember that just for sake of availing maternity leave of 84 days or just to make an employer suffer due to her leave for such number of days, no woman employee will get pregnant.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Hi
Maternity act do not specify or limit the no of times a woman can avail such benefit. But when you read with medical insurance rules, they provide coverage only for two children. As the act is ambiguous, we can make a presumption. This needs to be deliberated as this can be challenged by employee.
Regards
Murali
From India, Chennai
Maternity act do not specify or limit the no of times a woman can avail such benefit. But when you read with medical insurance rules, they provide coverage only for two children. As the act is ambiguous, we can make a presumption. This needs to be deliberated as this can be challenged by employee.
Regards
Murali
From India, Chennai
Dear Sirs
No maximum limit is fixed in the Maternity Benefit Act for availing the maternity benefit under the Act. I am extracting below a portion of the Judgment dated 9..6..2008 of the Honourable Madras High Court in W.P. Nos. 13500 and 13501 of 1998. "There is no provision under the M.B. Act fixing any ceiling on the number of deliveries made by a female worker. So long as Article 42 of the Constitution read with the provisions of the M.B. Act is available, every female worker covered by the Act is entitled to claim maternity benefits without any ceiling on the number of deliveries made by them. That will be the correct interpretation which will be in tune with the judgment of the Supreme Court rendered in B. Shah's case (cited supra)."
From India, Madras
No maximum limit is fixed in the Maternity Benefit Act for availing the maternity benefit under the Act. I am extracting below a portion of the Judgment dated 9..6..2008 of the Honourable Madras High Court in W.P. Nos. 13500 and 13501 of 1998. "There is no provision under the M.B. Act fixing any ceiling on the number of deliveries made by a female worker. So long as Article 42 of the Constitution read with the provisions of the M.B. Act is available, every female worker covered by the Act is entitled to claim maternity benefits without any ceiling on the number of deliveries made by them. That will be the correct interpretation which will be in tune with the judgment of the Supreme Court rendered in B. Shah's case (cited supra)."
From India, Madras
Maternity benefit leave is not just considered as the legal right but it is one of the most important Human Rights of person (international human rights too consider this as a natural right), hence no law can prevent the person availing such leave........
The employer owes the responsibility to make sure that she gets the leave when needed............
From India, Bangalore
The employer owes the responsibility to make sure that she gets the leave when needed............
From India, Bangalore
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Legal Clarification on Maternity Leave.pdf