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New maternity rule applicability - if a person is already on ongoing maternity leave? - CiteHR

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tanya08
1

Hi I am having question on new maternity rule in India? I understand this is effective in IT companies starting 1 April 2017, but if a person is already on ongoing maternity leave during April, Would she get benefits as per new rule or not?
From United Arab Emirates, Abu Dhabi
KK!HR
1422

Yes, You are eligible. The position is clarified in the Ministry of Labour & Employment Government of India Circular dated 12.04.17 (Ref. No. S-36012/03/2015-SS-I).
From India, Mumbai
Attached Files (Download Requires Membership)
File Type: pdf The Maternity Benefit (Amendment) Act,2017 -Clarifications.pdf (735.1 KB, 1887 views)

Anonymous
HI all, please let me know how much time is declared for nursing in breaks.
From India, Gurgaon
poonam-shah
2

Hi
1)What is the procedure if the employee does not does not turn up after the maternity leave. She has not even communicated about leaving the services. Can we terminate the employee if there is no communication for her end.
2) What if employee is asking for extended maternity leave. What is the maximum time we can give and are we supposed to pay anything to the employee after 6 months of maternity leave.


Anonymous
hello,
question is after 26 weeks of maternity leave availed by employee

now after how many days she get second maternity leave ? is she eligible for second maternity within year of post joining of first maternity?

is in written clause for this question?

From India, Rajkot
KK!HR
1422

As per the Maternity Benefit Act 1961, to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 80 days within the past 12 months. There is no other condition in the Act. So after finishing off the earlier maternity leave if the employee has further worked for 80 days then there is the eligibility for the next maternity benefit. Consider the cases of abortion after availing maternity leave, happening after 80 days of working after the resumption of duty.
From India, Mumbai
farhana-m
Recently i got offer from tcs,post that my pregnancy got confirmed,will be i will be 3 months pregnant when I join tcs will I be eligible for maternity leave

KK!HR
1422

As per law the entitlement comes after 80 days of continuous service. So you are eligible
From India, Mumbai
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