If the women Employee is not covered under ESIC , then what is the procedure under maternity Act for payment of her salary and leaves?
From India, Pune
3From India, Pune
the Maternity Benefit (Amendment) Act, 2017 (“Maternity Amendment Act”) on March 27, 2017, the law also (a) extends maternity benefits to commissioning and adopting mothers, (b) mandates employers to provide creche facilities at the establishment, (c) allows women to work from home in certain cases and (c) requires employers to inform female employees at the time of their joining about maternity benefits available to them
From India, Mumbai
From India, Mumbai
The Maternity Benefit (Amendment) Act, 2017 also has provisions for female employees having
a) A third Child: Those having two or more surviving children will be entitled for 12 Weeks of paid Maternity Leave of which not more than six (6) weeks shall precede the date of her expected delivery
b) For Female employees who are adopting a child who is less than three month old and for commissioning mothers the paid leave entitlement is for twelve (12) weeks.
c) Female employee who has undergone a miscarriage or medical termination of pregnancy is entitled for paid leave for a period of six (6) week immediately preceding the date of such an event.
d) Female employee is entitled for a paid leave for two (2) weeks if she is undergoing a tubectomy operation, immediately preceding the date of such an event.
a) A third Child: Those having two or more surviving children will be entitled for 12 Weeks of paid Maternity Leave of which not more than six (6) weeks shall precede the date of her expected delivery
b) For Female employees who are adopting a child who is less than three month old and for commissioning mothers the paid leave entitlement is for twelve (12) weeks.
c) Female employee who has undergone a miscarriage or medical termination of pregnancy is entitled for paid leave for a period of six (6) week immediately preceding the date of such an event.
d) Female employee is entitled for a paid leave for two (2) weeks if she is undergoing a tubectomy operation, immediately preceding the date of such an event.
I have a query. A Female staff applied for Maternity Leave and was granted leave as per Maternity Benefit Act 2017. Now she is demanding excess 3 Months Leave stating that the child is adapted to mother and cannot stay with the family. We have creche facilities but she is not ready to accept the same.
Please advice what should be done.
From India, Ahmedabad
Please advice what should be done.
From India, Ahmedabad
It is legally wrong to cancel a contract of employment or terminate a woman during her pregnancy. But if she is on FTC, ie, appointed on a fixed term contract, the employer can refuse to renew it. The employee cannot demand that the contract should be renewed.
Any leave in excess of what is the right under the Maternity Benefit act, ie, 26 weeks, can be refused. The employee can use the facility available in the office. If she is not okay with the facility, let her resign and go. You cannot have the cake and hold the cake at a time. Either you can have a job or you can have a family life. The employer has already done what he has to do for a woman and if you bend beyond that, then in future it will become a right and all others will demand as a matter of right and the leave will go like anything. Every one will be happy to be with her child, if permitted and i that is to happen, why should we employ?
From India, Kannur
Any leave in excess of what is the right under the Maternity Benefit act, ie, 26 weeks, can be refused. The employee can use the facility available in the office. If she is not okay with the facility, let her resign and go. You cannot have the cake and hold the cake at a time. Either you can have a job or you can have a family life. The employer has already done what he has to do for a woman and if you bend beyond that, then in future it will become a right and all others will demand as a matter of right and the leave will go like anything. Every one will be happy to be with her child, if permitted and i that is to happen, why should we employ?
From India, Kannur
Dear all, i have query regarding maternity benefit. can eligible woman employee take maternity leave in break means if she is having some complications and she has taken leave for a month (during 2nd/3rd month of pregnancy. then can she claimed that leave as maternity leave.
From India, Pune
From India, Pune
No,maternity leave should be in one single stretch and the maximum leave which can be taken prior to delivery is restricted to 8 weeks. Leave for any sickness arising out of pregnancy in he 2nd or 3rd month should be availed from your PL or sick leave, as the case may be.
From India, Kannur
From India, Kannur
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Right to payment of maternity benefits.doc