Hello Dear HR friends,
I have a critical situation in our company.
One of our employee need Maternity Leaves. I have two doubts regarding the same.
1) As per the Act we are availing her 12 weeks of leaves.
As per her expected date of delivery, and her expectation she need to use all the leaves before delivery. I would like know that if her expected date of delivery is 25th Sept can we avail her leave from 1st July i.e. she want to use all the leaves i.e. 84 days which ends on 23rd Sept.
Please suggest.
2) We can extend the leaves upto 1 month as a loss of pay as per our Company Policy
But I would like to know that as per the Act what is the minimum limit for extending the maternity leaves as Loss of Pay?
Seniors Please let me know your valuable suggetions.
From India, Pune
13I have a critical situation in our company.
One of our employee need Maternity Leaves. I have two doubts regarding the same.
1) As per the Act we are availing her 12 weeks of leaves.
As per her expected date of delivery, and her expectation she need to use all the leaves before delivery. I would like know that if her expected date of delivery is 25th Sept can we avail her leave from 1st July i.e. she want to use all the leaves i.e. 84 days which ends on 23rd Sept.
Please suggest.
2) We can extend the leaves upto 1 month as a loss of pay as per our Company Policy
But I would like to know that as per the Act what is the minimum limit for extending the maternity leaves as Loss of Pay?
Seniors Please let me know your valuable suggetions.
From India, Pune
Dear Mr.Manohar please clarify whether the Maternity Benefit ACt is applicable to the employee
From India, Madras
From India, Madras
Dear Mr.Manohar
According to the Maternity Benefit Act, the employee cannot be made to work for a minimum period of six weeks after her delivery. Therefore, the maximum number of weeks the employee can avail as maternity benefit before her expected date of delivery is only six weeks, as the total maternity benefit could be only for 12 weeks according to the Maternity Benefit Act. Alternatively, if the maternity benefit availed prior to the date of delivery is less that six weeks,she can avail the balance (i.e. 12 weeks minus the weeks availed prior to the expected date of delivery) subsequent to the date of delivery.
From India, Madras
According to the Maternity Benefit Act, the employee cannot be made to work for a minimum period of six weeks after her delivery. Therefore, the maximum number of weeks the employee can avail as maternity benefit before her expected date of delivery is only six weeks, as the total maternity benefit could be only for 12 weeks according to the Maternity Benefit Act. Alternatively, if the maternity benefit availed prior to the date of delivery is less that six weeks,she can avail the balance (i.e. 12 weeks minus the weeks availed prior to the expected date of delivery) subsequent to the date of delivery.
From India, Madras
Thank you very much Harikrishnan for your valuable reply.
As per my knowledge the leaves can be extende by one month if any need. But please let me know if the employee is asking to use that leaves prior to the date of delivery then what can we do?
From India, Pune
As per my knowledge the leaves can be extende by one month if any need. But please let me know if the employee is asking to use that leaves prior to the date of delivery then what can we do?
From India, Pune
Dear Mr.Manohar
According to the MB Act not more than six weeks can be availed as Maternity Benefit prior to the expected date of delivery. SHE CANNOT USE ALL THE LEAVE PRIOR TO DELIVERY. IF SHE USES ALL THE LEAVE PRIOR TO DELIVERY YOU HAVE TO GIVE HER SIX WEEKS LEAVE AFTER DELIVERY WHICH YOU CANNOT RECOVER FROM HER. YOU CANNOT ESCAPE FROM THIS. ASK HER TO AVAIL SOME OTHER KIND OF LEAVE TO WHICH SHE IS ELIGIBLE BEFORE THE EXPECTED DATE OF DELIVERY IN ADDITION TO THE SIX WEEKS TO WHICH SHE IS ELIGIBLE
From India, Madras
According to the MB Act not more than six weeks can be availed as Maternity Benefit prior to the expected date of delivery. SHE CANNOT USE ALL THE LEAVE PRIOR TO DELIVERY. IF SHE USES ALL THE LEAVE PRIOR TO DELIVERY YOU HAVE TO GIVE HER SIX WEEKS LEAVE AFTER DELIVERY WHICH YOU CANNOT RECOVER FROM HER. YOU CANNOT ESCAPE FROM THIS. ASK HER TO AVAIL SOME OTHER KIND OF LEAVE TO WHICH SHE IS ELIGIBLE BEFORE THE EXPECTED DATE OF DELIVERY IN ADDITION TO THE SIX WEEKS TO WHICH SHE IS ELIGIBLE
From India, Madras
Dear
Mr Harikrishnan is absolutely right.she can not avail more than 6 weeks prior to date of delivery .If she needs so than she should talk to management for any other kind of leave including leave without pay.
As you have as about extension of leave by one mnth is not correct.If child was delivered with opeartion or Doctors gives in writing that due to critical problem she needs one more mionth rest than her leave can be extended for another one month.
From India, Delhi
Mr Harikrishnan is absolutely right.she can not avail more than 6 weeks prior to date of delivery .If she needs so than she should talk to management for any other kind of leave including leave without pay.
As you have as about extension of leave by one mnth is not correct.If child was delivered with opeartion or Doctors gives in writing that due to critical problem she needs one more mionth rest than her leave can be extended for another one month.
From India, Delhi
Dear All
My wife is Working in an Private IT firm in mumbai, she has give the notice as per the Materniti benifit act and is proceeding for leave from 1st june, her due date is 6th July, she plant to take 4 weeks prior to delivery and balance later, her company HR has informed that they will pay her salary for this 12 weeks only when she joins back and that too in 6 equal monthly installaments, and that too only the basic salary,
Can you seniors please advice wether 1) can a company pay like this in 6 installatements that too on joining back
2) Shouldnt they pay the entire salary and not only the basic
Please advice
thanks and regards
Vinod Aher
From India, Thana
My wife is Working in an Private IT firm in mumbai, she has give the notice as per the Materniti benifit act and is proceeding for leave from 1st june, her due date is 6th July, she plant to take 4 weeks prior to delivery and balance later, her company HR has informed that they will pay her salary for this 12 weeks only when she joins back and that too in 6 equal monthly installaments, and that too only the basic salary,
Can you seniors please advice wether 1) can a company pay like this in 6 installatements that too on joining back
2) Shouldnt they pay the entire salary and not only the basic
Please advice
thanks and regards
Vinod Aher
From India, Thana
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc