Hi,
We have an employee who worked from home for 2 months prior to her delivery and post delivery has availed maternity leave.
My question is that if she wants to extend the maternity leave, how can she do that ?
- She has CL, Sick leave and Earned Leave to her credit - can she avail any of these and club them with the ML.
- Or should she be given LWP for a max 30 days post ML.
Please help.
From India, New Delhi
We have an employee who worked from home for 2 months prior to her delivery and post delivery has availed maternity leave.
My question is that if she wants to extend the maternity leave, how can she do that ?
- She has CL, Sick leave and Earned Leave to her credit - can she avail any of these and club them with the ML.
- Or should she be given LWP for a max 30 days post ML.
Please help.
From India, New Delhi
427
Dear All,
Kindly refer the below rule properly. as per Maternity Benefits act. 1961. under section 9 & 10.
9. Leave for miscarriage. --
In case of miscarriage, 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 day of her miscarriage.
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage. --
A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, been titled 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.
From India, Mumbai
Kindly refer the below rule properly. as per Maternity Benefits act. 1961. under section 9 & 10.
9. Leave for miscarriage. --
In case of miscarriage, 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 day of her miscarriage.
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage. --
A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, been titled 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.
From India, Mumbai
Dear Ms Sonia,
Your query is that the maternity leave is being availed post delivery. I would like to make a little correction here that ML will have to be reckoned from the date of admission of employee in the hospital for the purpose of delivery. Maximum period of ML is 84 days under the Act. Your further query is that the employee wants to extend her ML. The rule here is very clear ML is limited to 84 days only. Thereafter if the employee wants to extend the leave then there following two conditions under which she would be entitled to extend ML:
1. If the employee becomes ill due to any of the illness arising out of pregnancy/delivery then she is entitled to an additional 30 days leave with wages under the Maternity Benefit Act.
2. If the employee is not sick, she can not avail sick leave under any rule or circumstances.
3. Earned leave can be admissible in conjunction with ML if the Leave Policy of your company permits it.
4. CL can not be combined with ML.
Hope this clarifies your query.
With best wishes
Srivastava C.M. Lal
9818690671
From India, New Delhi
Your query is that the maternity leave is being availed post delivery. I would like to make a little correction here that ML will have to be reckoned from the date of admission of employee in the hospital for the purpose of delivery. Maximum period of ML is 84 days under the Act. Your further query is that the employee wants to extend her ML. The rule here is very clear ML is limited to 84 days only. Thereafter if the employee wants to extend the leave then there following two conditions under which she would be entitled to extend ML:
1. If the employee becomes ill due to any of the illness arising out of pregnancy/delivery then she is entitled to an additional 30 days leave with wages under the Maternity Benefit Act.
2. If the employee is not sick, she can not avail sick leave under any rule or circumstances.
3. Earned leave can be admissible in conjunction with ML if the Leave Policy of your company permits it.
4. CL can not be combined with ML.
Hope this clarifies your query.
With best wishes
Srivastava C.M. Lal
9818690671
From India, New Delhi
Hi Sonia,
Srivastava C.M. Lal, suggestion is right and as under Maternity Benefit Act 1961 provisions. As per the matter concern, it has been clearly mentioned in Section 10 of the said act " A women Suffering illness arising out of pregnancy, delivery and premature birth of child or miscarriage; shall on production of such proof (Medical illness Certificates Shows the needs of weakness or rest), shall be entitled to take leaves with wages additional of maximum period 30 days ( One Month). In this case she can avail total leave with wages i.e (84+30= 114 Days). Afterward if she require another days leave that can be adjusted with her available leave balance and shall be depend on company HR_Leave Policy. Leave Without Pay (LWP) shall only allowed for use if the employees has no credit balance of SL (Sick Leave) or EL (Earned Leave) or so.
Thanks
Vikas
From India, Bangalore
Srivastava C.M. Lal, suggestion is right and as under Maternity Benefit Act 1961 provisions. As per the matter concern, it has been clearly mentioned in Section 10 of the said act " A women Suffering illness arising out of pregnancy, delivery and premature birth of child or miscarriage; shall on production of such proof (Medical illness Certificates Shows the needs of weakness or rest), shall be entitled to take leaves with wages additional of maximum period 30 days ( One Month). In this case she can avail total leave with wages i.e (84+30= 114 Days). Afterward if she require another days leave that can be adjusted with her available leave balance and shall be depend on company HR_Leave Policy. Leave Without Pay (LWP) shall only allowed for use if the employees has no credit balance of SL (Sick Leave) or EL (Earned Leave) or so.
Thanks
Vikas
From India, Bangalore
Yes she can avail CL/SL/EL whatever she has to her credit, she can club them alongwith the ML provided if the employer does not have any problem on such clubbing the leaves.
From India, Ahmadabad
From India, Ahmadabad
Need guidance on the clause:
Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage. --
A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, been titled 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.
As SRIVASTAVACMLAL said- If the employee becomes ill due to any of the illness arising out of pregnancy/delivery then she is entitled to an additional 30 days leave with wages under the Maternity Benefit Act.
can anyone help me with the citations available related to the same. As in our company this additional leaves are adjusted against the PL/SL. Please guide.
Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage. --
A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, been titled 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.
As SRIVASTAVACMLAL said- If the employee becomes ill due to any of the illness arising out of pregnancy/delivery then she is entitled to an additional 30 days leave with wages under the Maternity Benefit Act.
can anyone help me with the citations available related to the same. As in our company this additional leaves are adjusted against the PL/SL. Please guide.
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf