Hi,
My Question is with regards to Maternity Leave Benefit.Is it compulsory for the Woman employee to avail the her maternty leave before six weeks of her delivery date and after six weeks after her delivery?Can she avail the Total leave of 12 weeks after her delivery?
Thanks.
From India, Pune
My Question is with regards to Maternity Leave Benefit.Is it compulsory for the Woman employee to avail the her maternty leave before six weeks of her delivery date and after six weeks after her delivery?Can she avail the Total leave of 12 weeks after her delivery?
Thanks.
From India, Pune
3
Hi,
There is no hard and fast rule followed by the organisations that women employees should avail ML 6 weeks prior to expected date and six weeks after the expected date. However as per the Maternity benefit Act the provision is to take ML 6 weeks before expected date and 6 weeks after expected date only but many organisations are flexible in this approach and these organisations leave it upto the employee only whether to take leaves in this way or all after delivery.
Amit Goyal
From India, Delhi
There is no hard and fast rule followed by the organisations that women employees should avail ML 6 weeks prior to expected date and six weeks after the expected date. However as per the Maternity benefit Act the provision is to take ML 6 weeks before expected date and 6 weeks after expected date only but many organisations are flexible in this approach and these organisations leave it upto the employee only whether to take leaves in this way or all after delivery.
Amit Goyal
From India, Delhi
I am truly surprised the way some of the members are handling legal issues in this forum. When somebody seeks a clarification on the provisions of Acts and Laws here, they are asking for the legal provision, and not the members' opinion. If one company is following a particular practise, that does not change the provisions of the law, and support from any number of other members also unfortunately does not change the position.
Maternity Benefit Act says that an employee can avail six weeks leave before and six weeks after delivery. Every employer covered under the Act is SUPPOSED to follow this provision. However, if the employer makes a deviation in favour of the employee, that is permissible as long as the deviation results in the benefit available to the employee EXCEEDING what is laid down.
Deviations like granting an employee 12 weeks leave after delivery may not cause a problem for anyone in the private sector. But this may be questioned by other employees, and the management will not be able to justify their action in such a case.
Notwithstanding this, if you as HR head in an organization, advice the management that it is OK to grant and employee maternity full maternity leave after date of delivery, I would advice that you also tell the management that the rules state that the leave is supposed to be granted six weeks prior and six weeks after the delivery. That way your boss would know that you actually know the rule, but are recommending a deviation in favour of the employee.
From India, Mumbai
Maternity Benefit Act says that an employee can avail six weeks leave before and six weeks after delivery. Every employer covered under the Act is SUPPOSED to follow this provision. However, if the employer makes a deviation in favour of the employee, that is permissible as long as the deviation results in the benefit available to the employee EXCEEDING what is laid down.
Deviations like granting an employee 12 weeks leave after delivery may not cause a problem for anyone in the private sector. But this may be questioned by other employees, and the management will not be able to justify their action in such a case.
Notwithstanding this, if you as HR head in an organization, advice the management that it is OK to grant and employee maternity full maternity leave after date of delivery, I would advice that you also tell the management that the rules state that the leave is supposed to be granted six weeks prior and six weeks after the delivery. That way your boss would know that you actually know the rule, but are recommending a deviation in favour of the employee.
From India, Mumbai
Hi Ratna,
As per the Maternity Benefit Act, maternity leave can be taken six weeks before the 'expected date of confinement' (i.e.delivery) and six weeks, thereafter. It is advisable not to change it given the finer points enumerated in the Act. For instance, the Act specifies 'light work' (i.e. non strenous) for a month before the expected date of delivery (at the matured stage of pregnancy).
Therefore, it will be sensible to advice and accord any pregnant woman, maternity leave well in advance of the expected date to avoid any premature delivery, labour pains, medical complications, pre-natal miscarriage, etc. The eventuality of these must be factored in..
Perhaps, advice the management to follow the law; it has been made after lots of deliberations, I suppose....
Pregnant employees may not see these finer issues but may only seek convenience in availing all leave post-natal..
Hope this helps..
Rahul
09968270580
From India, New Delhi
As per the Maternity Benefit Act, maternity leave can be taken six weeks before the 'expected date of confinement' (i.e.delivery) and six weeks, thereafter. It is advisable not to change it given the finer points enumerated in the Act. For instance, the Act specifies 'light work' (i.e. non strenous) for a month before the expected date of delivery (at the matured stage of pregnancy).
Therefore, it will be sensible to advice and accord any pregnant woman, maternity leave well in advance of the expected date to avoid any premature delivery, labour pains, medical complications, pre-natal miscarriage, etc. The eventuality of these must be factored in..
Perhaps, advice the management to follow the law; it has been made after lots of deliberations, I suppose....
Pregnant employees may not see these finer issues but may only seek convenience in availing all leave post-natal..
Hope this helps..
Rahul
09968270580
From India, New Delhi
Hi SRatna7,
i would request you to always give your full name when communicating on a forum like this. we have been named by our parents in full.To abbreviate the name requires permission of the court.
The law is very clear on Maternity Benefit Act. if you thinhk of breaching the law , please do read the penal provisons in the last section of the Act. A law is passed after lots of inputs from the experts. Never advise the mgmt. as how to breach the law. Always advise honestly the legal provisions. or else only you will land into trouble and accused of misleading the mgmt.and none else. so be careful.I hope this clarifies your doubt.
Yours truly,
SATISH KUMAR
SR. MANAGER (HR),
NTPC Foundation. Noida
From India, Delhi
i would request you to always give your full name when communicating on a forum like this. we have been named by our parents in full.To abbreviate the name requires permission of the court.
The law is very clear on Maternity Benefit Act. if you thinhk of breaching the law , please do read the penal provisons in the last section of the Act. A law is passed after lots of inputs from the experts. Never advise the mgmt. as how to breach the law. Always advise honestly the legal provisions. or else only you will land into trouble and accused of misleading the mgmt.and none else. so be careful.I hope this clarifies your doubt.
Yours truly,
SATISH KUMAR
SR. MANAGER (HR),
NTPC Foundation. Noida
From India, Delhi
Dear Ratna,
A woman employee is prohibited from working in an establishment during the 6 weeks immediately following the date of her delivery or her miscarriage under the Maternity Benefit Act, 1961. But there is no legal bar for a woman employee to attend duties during the 6 weeks period prior to the date of her expected delivery, if she request to the employer for the same provided she shall not be given any work for a period of one month immediately preceding the period of 6 weeks before the date of her expected delivery plus any period during such 6 weeks period, which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversely affect her health.
For the period of her absence from work during 6 weeks prior to and 6 weeks after the date of delivery (total period not exceeding 12 weeks)the woman employee is entitled to maternity benefit equivalent to her daily average wages per each day. Thus the maternity leave with full wages/salary is to be allowed to her for a minimum period of 6 weeks i.e. from date of her delivery or miscarriage and maximum for a period of 12 weeks covering 6 weeks prenatal and 6 weeks postnatal period. The employer may allow more days of maternity leave than the aforesaid period as prescribed under the M.B.Act,1961, but he is not legally bound to allow maternity leave for more days than that period . Thus the woman employee is not entitled legally maternity leave with full salary/wages or maternity benefit for 12 weeks after the date of his delivery under the above Act.
SKHota
Email:
From India, Calcutta
A woman employee is prohibited from working in an establishment during the 6 weeks immediately following the date of her delivery or her miscarriage under the Maternity Benefit Act, 1961. But there is no legal bar for a woman employee to attend duties during the 6 weeks period prior to the date of her expected delivery, if she request to the employer for the same provided she shall not be given any work for a period of one month immediately preceding the period of 6 weeks before the date of her expected delivery plus any period during such 6 weeks period, which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversely affect her health.
For the period of her absence from work during 6 weeks prior to and 6 weeks after the date of delivery (total period not exceeding 12 weeks)the woman employee is entitled to maternity benefit equivalent to her daily average wages per each day. Thus the maternity leave with full wages/salary is to be allowed to her for a minimum period of 6 weeks i.e. from date of her delivery or miscarriage and maximum for a period of 12 weeks covering 6 weeks prenatal and 6 weeks postnatal period. The employer may allow more days of maternity leave than the aforesaid period as prescribed under the M.B.Act,1961, but he is not legally bound to allow maternity leave for more days than that period . Thus the woman employee is not entitled legally maternity leave with full salary/wages or maternity benefit for 12 weeks after the date of his delivery under the above Act.
SKHota
Email:
From India, Calcutta
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Campus question papers.zip
Managment - The Performance Appraisal Question and Answer Book.pdf