Dear Seniors,
We are presently giving maternity benefit to all our female employees for 84 days. Our management has following queries related to maternity benefit:
1) The Act says 6 weeks before & after date of delivery totalling to 12 weeks. Is it mandatory to take 6 weeks leave before date of delivery?
2) Is there any paternity leave benefit available for male employees under any statutory obligation?
3) Is there any option/suggestions to prevent resignations of female workers who resign after availing maternity benefit without violating any statutory legislations?
Thank you in advance for your valuable guidance.
Vijaya
From India, Hyderabad
4We are presently giving maternity benefit to all our female employees for 84 days. Our management has following queries related to maternity benefit:
1) The Act says 6 weeks before & after date of delivery totalling to 12 weeks. Is it mandatory to take 6 weeks leave before date of delivery?
2) Is there any paternity leave benefit available for male employees under any statutory obligation?
3) Is there any option/suggestions to prevent resignations of female workers who resign after availing maternity benefit without violating any statutory legislations?
Thank you in advance for your valuable guidance.
Vijaya
From India, Hyderabad
It is not necessary that she should take 6 weeks before delivery, that she can take the entire 12 weeks after the date of delivery.
There is no provision for paternity leave under labour Acts and it is upto the company to give.
There is no provision under Maternity Benefit Act which says that one who does not resume duty after availing maternity leave shall be terminated. Termination of employment of a woman worker who does not resume duty after 84 days or such extended period of one month granted for sickness arising out of child birth, shall be terminated after conducting a proper enquiry only. However, even in that case, the benefit already given can not be claimed from her.
Regards,
Madhu.T.K
From India, Kannur
There is no provision for paternity leave under labour Acts and it is upto the company to give.
There is no provision under Maternity Benefit Act which says that one who does not resume duty after availing maternity leave shall be terminated. Termination of employment of a woman worker who does not resume duty after 84 days or such extended period of one month granted for sickness arising out of child birth, shall be terminated after conducting a proper enquiry only. However, even in that case, the benefit already given can not be claimed from her.
Regards,
Madhu.T.K
From India, Kannur
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc