Hi Madhu,
I really thank you for that info. It was very useful.
I have a question. If the employee wants to extend the leave after the said period in the Maternity Leave policy and if the employer does not want to grant that leave, even though it is with out pay, will there be any legal implications under Maternity Benefit Act,1961 which will bind the company.
Thanks,
Sangeetha Susan

From India, Coimbatore
Dear All, can any one of you please guide me as i am in the process of framing marternity policy for my company. As i am looking for something exact. God Bless!
From India, Ambala
Hi Is that necessary to pay maternity bonus to the women employee who received the 90days maternity benefit
From India, Madras
As per the Maternity Benifit Act 1961: " No woman shall be entitled to maternity benifit unless she has actually worked in an establishment of the employer from whom she claims maternity benifit, for a period not less than [eighty days] in the twelve months immediately preceding the date of her expected delivery".
From India, Pune
yes it is. Subject to the provisions of this act, every women shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediatley preceding the day of her delivery, the actual day of her delivery and any period immediately followng that day.
From India, Pune
hi tarajane, After resigning your are not eligible for availing the maternity benifts as per the maternity act 1961. Regards, Anjali
From India, Pune
As per the Maternity Benifit Act 1961 : A female employee shall be eligible to maternity leave for a period of 90 days from the date of its commencement. Can any one help me to find whether it is 90 working days or 90 days including weekends?
If it is a software company do we need to calculate 5 working days only in the maternity leave for each week or we are allowed to include weekends in 90 days maternity leave.

Regards
Anjali

From India, Pune
Dear Anjali,
If you have read the M B Act,1961 then why you have written 90 days period of maternity benefit. It might be possible that your unit may be providing 90 days benefit but according to the M B Act,1961 section 5(3) the maximum period for which the woman employee shall be entitled for maternity leave will be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
It is also clarified that we are to allow to include the weekends in 84 days being paid holidays. This is as per section 5(2) explanation of the ibid Act.
Regards
R.N.Khola
Sr Associate

From India, Delhi
Dear All Need one small clarification....pls guide When an female employee goes on Maternaty leave is she eligible for Full salary or only the basic. Regards Padmashree
From India, Bangalore
Hi Padmashree, A female employee may be entitled to normal pay from the Company for the period of maternity leave. Regards, Anjali
From India, Pune
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