Dear all as per Maternity Act Section 10 i.e as follows...
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.- A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled, 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.
I delivered a baby one month before the due date (Jan 8th 2012) and the delivery happened when i was returning from work to home (Dec 6th 2011). It was a Cesarean delivery with a medical complication, the baby was little premature and underweight. From the next day i was on maternity leave. According to act i was entitled for 3 months maternity leave. I availed it and also requested for extension of my leave for another 3 months due to my health and baby's nursing need. I later resumed office on 4th June 2012.
Now recently only i came to know that as per section 10 of maternity Benefit Act, One can avail one month extra paid leave if there is an illness due to premature birth of baby. My employer didnt brief me anything about such benefit and treated my extended 3 months leave as LOP. Now i wanted to know whether i can as my employer to consider one month from my LOP to refund for the maternity benefit act, as they failed to explain me about the act as i had delivered prematurely? Please guide me.
From India, Chennai
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage.- A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled, 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.
I delivered a baby one month before the due date (Jan 8th 2012) and the delivery happened when i was returning from work to home (Dec 6th 2011). It was a Cesarean delivery with a medical complication, the baby was little premature and underweight. From the next day i was on maternity leave. According to act i was entitled for 3 months maternity leave. I availed it and also requested for extension of my leave for another 3 months due to my health and baby's nursing need. I later resumed office on 4th June 2012.
Now recently only i came to know that as per section 10 of maternity Benefit Act, One can avail one month extra paid leave if there is an illness due to premature birth of baby. My employer didnt brief me anything about such benefit and treated my extended 3 months leave as LOP. Now i wanted to know whether i can as my employer to consider one month from my LOP to refund for the maternity benefit act, as they failed to explain me about the act as i had delivered prematurely? Please guide me.
From India, Chennai
aarthichanraji,
Congratulations on getting baby.
You need to apply / claim for leave for illness arising out of pregnancy, delivery, premature birth of child with a certificate from your Doctor for the period of one month. Your employer can not refuse to pay you one month additional leave with pay under section 10, when you have a claim. He may not be aware of this section.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
2556Congratulations on getting baby.
You need to apply / claim for leave for illness arising out of pregnancy, delivery, premature birth of child with a certificate from your Doctor for the period of one month. Your employer can not refuse to pay you one month additional leave with pay under section 10, when you have a claim. He may not be aware of this section.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
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