Dear All, Whether a female employee be granted maternity leave commencing two weeks before EDD, when she is completing 80 days actually worked one week before her EDD? Thanks Manish
From India, Delhi
4From India, Delhi
Dear Manish,
The answer for your query could be none other than a simple "NO". If you go through the entire sub section (2) of sec.5 of the MB Act,1961 carefully, you can find the latter phrase " for a period not less than 80 days in the 12 months immediately preceding the date of her expected delivery " qualifying the phrase " has actually worked in an establishment of the employer ". It implies that the computation of the "80 days" should commence backwards during the 12 months period exactly prior to the date of expected delivery. Therefore, during any period the right to claim a particular benefit has not accrued, it can not be conferred. However, by virtue of the provision of ss (3) section 6, it can be granted at a stretch later.
From India, Salem
The answer for your query could be none other than a simple "NO". If you go through the entire sub section (2) of sec.5 of the MB Act,1961 carefully, you can find the latter phrase " for a period not less than 80 days in the 12 months immediately preceding the date of her expected delivery " qualifying the phrase " has actually worked in an establishment of the employer ". It implies that the computation of the "80 days" should commence backwards during the 12 months period exactly prior to the date of expected delivery. Therefore, during any period the right to claim a particular benefit has not accrued, it can not be conferred. However, by virtue of the provision of ss (3) section 6, it can be granted at a stretch later.
From India, Salem
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Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf
Maternity Leave Policy - posting.doc