Maternity Leave Rules for Women in PSU/ Private sector/ IT/ ITES

Submitted by admin on Fri, 10/06/2011 - 20:22

Woman employee should have minimum 80 working days to her credit in last 12 months counting from start of maternity leave to be eligible for maternity benefits in that organization. This law also stipulates that all working women are entitled for minimum 12 weeks of maternity leave. And at most 6 weeks may be taken before the day of delivery. A CL may not be clubbed with maternity leave otherwise it'll be taken as part of maternity leave. However you can take maternity leave at any time during your leave of any kind.

Large PSUs/Public limited companies, public /private sector banks and larger private sector companies grants maternity leaves to their women employees, varying from 90 days to 180 days. Some organizations also permit their women employees to extent leave upto one year (with or without pay). They even provide the facility to cover expenses during delivery in a good hospital for all employees. Some companies even provide health insurance benefits and other allowances to their women employees. The maternity policy can vary from organization to organization; hence one should enquire from her HR dept. about the maternity benefits provided in HR policy of that company.

Besides, some companies give facilities to their women employees to work from home or allow them to have the facility of flexible working hours. Even some companies especially in IT sector arrange for day care facility in office premises for their employees.

A good HR policy tries to ensure that women employees should not give up their otherwise aspiring career to fulfill their role as a mother. A women becoming the mother fulfills her duties just not for her family but for society as well. But one should be careful not to join office back during maternity leave period as this leave can be taken in one spell at a stretch. The companies which are covered under Employees state Insurance schemes are also obliged to give maternity benefits to their women employees for eg., Women employee cannot be sacked form the job just because she is pregnant or going to become a mother as per maternity benefit act, 1961. Working women can apply to labor court of her area in case maternity benefits are denied by the employer within sixty days from the date of receiving orders. As per maternity benefit act, the employer can be punished under, if he/she denies maternity benefits to women employees and that includes imprisonment for three months or fine up to Rs. 5000/- or both.

As per latest modification in the law the maternity leave can be extended by an organization from present three months to six months of maternity leave. But maternity benefits can be revoked by that organization in case a women employee changes the job during that period. A working women also has right to ask for light jobs during pregnancy for eg., jobs that does not require long standing hours or work in section where hazardous substances are not used as per maternity benefit act.

Reference:

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Comments

Maternity Leave Amendment Query

Submitted by Yogita on Thu, 18/08/2016 - 14:28.

Hi,

I am already on maternity leave and my 12 weeks will expire on 12th September, 2016. Please confirm if 26weeks extension will be applicable on me?

Maternity concern

Submitted by jyotiB on Mon, 01/08/2016 - 11:09.

Hi
I am 4 month pregnant, and my project is over, My company ask me to join some other location . but I am not able to travel this time. my concern is that if I do not get any project and will be on bench period for next 4 month , can my company able to terminate me ?

maternity leaves

Submitted by rubi jain on Fri, 01/07/2016 - 12:44.

HI,

I AM WORKING IN A PRIVATE ARCHITECTURE FIRM SINCE 12 YEARS,

NOW I AM 7 MONTH PREGNANT, CAN I TAKE MATERNITY LEAVES IN MY

PRIVATE OFFICE OR THIS IS NOT IN THE RULE ? PLEASE ADVISE.

OR ALL THE RULES ARE FOR GOVERNMENT OFFICES ONLY

money for ml

Submitted by karishma patel on Wed, 29/06/2016 - 12:37.

i have been working with private university gujarat ,since 2009 to 2014 ,they hv rule for ml,as women rejoin after ml,after completion of one year as a full time faculty,in my case i rejoined,after one month i m going for masters,so i hv been 2 days a week,after that due to cirtain circumstances i hv to left college by 26-june-2016.now i want my money hw can i collect it

how many times the maternity leave can be allowed

Submitted by neelam kushwaha on Wed, 20/04/2016 - 12:07.

Sir/Madam,
I have a query on how many times the maternity leave can be allowed in the following case.
There is a female officer in govt. of India PSU, Steel Authority of India Limited. She got pregnant for the first time and delivered a intra-uterine dead baby in 9th month of pregnancy.She was on maternity leave for 6 weeks before delivery date. I wish to know will her maternity leave continues or not?
And will she get maternity leave for her next two chidren in future?
As per rule, it is allowed for two surviving children But in this case, is she eligible for leave in current case? Please respond immediately.
Regards,
neelam

My company asking me to resign willingly

Submitted by swati on Sun, 27/03/2016 - 20:52.

I had my delivery on 07/01/2016 and I am on maternity leave since same day as I worked till last day even with full commitment. I had informed my company well in advance around when 3rd month of my pregnancy started and fulfilled all my duties before going on maternity leaves.
I would be completing my leaves on 05/04/2016 so I informed my company yesterday that I would be joining on 11/04/2016 via email.
My HR called me today and said that company isn't willing to continue my employment and she is now asking me to resign willingly.
I think that my company can't terminate me legally during my maternity leaves and I am not going to resign on my own. Moreover, I am planning to join on 06/04/2016 itself just next day of completion of my leaves.
Please help me all possibilities/steps/legal actions because as per my thinking company is absolutely wrong and they can't just terminate me like this.

Regarding maternity leave

Submitted by Jyotsana dobhal on Tue, 01/03/2016 - 15:23.

I'm working in a government engineering college Uttarakhand as contractual assistant professor I had delivered baby in the month of October but my working organisation is not giving me maternity leave saying that you are not a regular employee. Can you please update me whether I can avail leave or not?

Annual Appraisal and Termination

Submitted by parmar.tejal.j on Wed, 24/02/2016 - 12:39.

Hi,
I was on ML from Nov'14 till March'15
now in the annual appraisal the company rated me the lowest and could terminate me on the basis of performance
isnt there any rule not to measure employee's performance after she resumes from ML?

maternity leave query

Submitted by monika on Sat, 13/02/2016 - 14:14.

i am working as an assistant professor in a private engineering college from last 2years. Now i am 8months pregnant. I had applied for maternity leave as per the provision. But the college authorities are denying to to give paid maternity leave.
In that case what should be done. Please suggest..

Maternity benefits in private sector

Submitted by Divya on Mon, 25/01/2016 - 16:58.

I have joined in a private company 2months back and i am 5months pregnant now. i may work till april 2016. Am i still eligible for the maternity benefits in the company?

The company leave policy is like if i work for 180 days then only i am eligible to get maternity benefits

Employer thretening & forced me to leave job after returning ML

Submitted by TANVI MORE on Wed, 02/12/2015 - 13:57.

I am working in a MNC company as a HR & Admin officer from last 1½ year. I delivered a baby in the month of May. I was on leave from 4th May till 4th August, 2015.During My maternity leave he has appointed another HR for my support. But After 3 months ML I joined back employer has removed all HR work from me. He has given me admin work.Now my employer asking me to resign on the spot. Employer said, if you will not resign, we will terminate you.

What is my right? I am a permanent employee of the company. How I will survived? My baby is now Six month only. How to secured my job. Is their any law to fight?

Thanks.

Annual Appraisal and Termination

Submitted by parmar.tejal.j on Wed, 24/02/2016 - 12:39.

Hi,
I was on ML from Nov'14 till March'15
now in the annual appraisal the company rated me the lowest and could terminate me on the basis of performance
isnt there any rule not to measure employee's performance after she resumes from ML?

maternity leave

Submitted by sahityakaley on Tue, 01/12/2015 - 04:33.
4

I am working in punjab and sind bank from 5 yrs and now i am pregnant of 1 month..my foctor suggested me for bed rest of 3 months from now.so can i avail 3 months now and 3 months at the time of delivery..is it possible and also i already availed abroad leave of 1 month during this calender year..and let me know how many days before i have to drop an application.

Maternity leave while on deputation

Submitted by nicenivedi on Sun, 04/10/2015 - 02:29.

I'm working in a PSU..
I was on deputation from pali in jodhpur till 30 sep 2015. i applied for maternity leave on 24 may 2015 and it should last till 24 nov 2015.
But my jodhpur office relieved me from jodhpur to pali on 30 sep 2015 as my deputation period had ended. They also sanctioned my m.l. till 30 sep only.
Now they will not extend my leave till 24 nov n i cant apply for leave in pali without joining there. But on joining, the m.l. will be lapsed.
Plz guide what can i do?

Maternity leave benefits

Submitted by Devanshi Bhatt on Wed, 23/09/2015 - 14:39.

Hi all,

I'm working in private form as HR executive, I'm 14 week pregnant and my management want's me to put resignation as, according to them i'm working on service desk an people need my presence regularly, We do have policy for 12 weeks of maternity leaves (Paid Leaves) but management want me to leave the organization. And now they are showing me my mistakes which was happened in past.

Can u suggest me what to do the next and Can i claim for maternity leave one i need?

Maternity Leave

Submitted by Deepti on Mon, 10/08/2015 - 16:20.

Hi Everyone,

Below is my company's Leave policy.what does clause 1 actually mean? I joined in Aug 03 2015 and if i need to avail my maternity leave when should be my due date.

Thanks in advance

Rules for Maternity Leave
Quantum: 12 weeks on full pay.
Accumulation: NIL
Eligibility:
1. Women employees, who have worked in the company, for a period of Eightydays
in the twelve months immediately preceding the date of her expected delivery, are
eligible for maternity leave.
2. Maternity Leave will not be granted more than once in a Calendar Year.
3. Intervening weekly offs and/or mandatory holidays will be counted as part of Maternity
Leave.
4. Employees, who have 3 or more children living, will not be entitled to Maternity Leave.

MAternity Leave Payment

Submitted by kclnaavda on Mon, 20/04/2015 - 11:29.

Hi,

I am working for a private company since 4.5years .Now I am 6months pregnant and planning to take leave from next month.Our Company HR is saying that they are going to give me the maternity lease salary(12weeks salary)only in the month's salary after I come back to work
Isn't it the violation of 1961 Act

What can I do now?Can anybody suggest me

I got selected for permanent

Submitted by rkirana on Fri, 05/06/2015 - 00:57.

I got selected for permanent job as asst professor in central govt medical college and was asked to join post medical test.

My situation:
I delivered baby last week of Apr 2015 => Currently baby is 6 weeks old and I have passed medical test => Joining date is in July 2015 which is 3 months from now
Can I go for loss of pay leave for 3 months immediately post joining?

a) Probation for permanent job (I am not currently working with them) starts as of July 2015 - 3 months from now: My medical test is cleared last week and I have appointment order as of Jul last week 2015 - 3 weeks post maternity.
b) note that I HAVE NOT JOINED yet and have to join July 2015 i.e. in 3 months
c) Can I apply for maternity leave immediately after joining in July last week for 3 months i.e. as soon as I join?
d) If c) is not possible, can I apply for loss of pay leave immediately after joining

What options do I have as I have not joined and probation starts immediately post joining?

Net-net this question is around if there is a discrimination between those that deliver baby post joining and those that deliver baby and then join?

Maternity Leave

Submitted by Yogesh Gajjar on Tue, 07/04/2015 - 20:22.

Dear Sir,

My wife is servecing in Vadodara Municipal Corporation , she is presently on maternity leave but the confusion is that how many days she can have leave , as per their letter dated 24-9-1998 it is 135 days and as per knowledge the Gujarat Govt has passed leave for 180 days but we do not know how to claim it and can anybody guide in this regard ?

Employee frauding the company

Submitted by rdeepthi on Fri, 27/02/2015 - 17:09.

A Employee joined in higher designation with us and failed to meet the targets and also company incurred loses.she joined us in september and informed us in october she is pregnant.There itself it clear that she hided the truth to us that she is pregnant.we could know this when she said her due date is april.she did not complete her probation period of six months.

Now she is trying to utilise her situation and trying to make out money is this not unjustice .would laws protect such fraud.

Why cant we remove her?please help me way out.

Maternity leaves are not paid

Submitted by Privatesectorem... on Tue, 17/02/2015 - 10:32.

Hello,

I am a permanent employee of Private sector IT company and working here from almost 4 Years.

I am soon going for the maternity leave. As per organization policy it is written there that a woman employee can avail upto 12 weeks of maternity leaves but those leaves can not be paid by employer.

If i understood correctly, as per act employer shoud provide 12 weeks of paid leaves to woman employee.

Can you please help me knowing, if employer will not give me paid leaves what action shall i take to ask for my right.

Thanks in advance for giving your valuable time.

Availing maternity benefits

Submitted by Shubha Ravikumar on Sun, 01/02/2015 - 13:13.

Hi,
I am working in a reputed school as a teacher for 2 years now. I am 5 months pregnant and can not continue to work after delivery. My school asked me to quit and continue after a few years. If I resign now is there any possibility to avail any maternity benefit? I really need the financial assistance now. My school requires a 3 month notice period. I intend to work till the end of this academic year i.e April 10, 2015.
If I resign can I ask for any compensation based on goodwill?
If so how do I approach?
Kindly advise.

Thank you
Regards
Shubha

Employer not providing any maternity Leave

Submitted by pearl on Thu, 16/10/2014 - 13:59.

I Am working in an organization of about 200 employees.
My Company is a private limited company and ISO certified.
I am working here since last 4.5 years.

Now i am 14 weeks pregnant and inquired them about the maternity leave benefit. But they said that they are not providing any maternity leave and whenever i take leaves, they will deduct my salary.

I want to know that where i can do complaint about this or how i can force them to provide such leave.

Maternity Leave

Submitted by geetha sivaguru... on Wed, 06/08/2014 - 17:58.

dear sir
i joined in public sector bank as AM in 4 months ago. my probation period is 2 years. now i'm conceiving(pregnant) in 2 months. The maternity leave will applicable for me or not? Or it will affect my job?

Maternity Salary

Submitted by Sushma on Tue, 15/07/2014 - 17:14.

Hi,
I work with a private BPO organisation am working here since 3.5 yrs, I am 9 months pregnant, I was told that i am eligible for maternity benefit but also I ll be paid maternity salary only if I rejoin after 3 months, if it extends more than 3 months I have to join again back with fresher salary for the same job and no maternity salary would be paid for me. And again i have to sign for a bond for a period of one year
Please let me know that if i can claim my maternity salary even if i dont rejoin,
Thanks

how to avail leave under section 10 of maternity act?

Submitted by aditi.tandon on Wed, 23/04/2014 - 13:46.

I have been on bed rest since 7th month of my pregnancy due to complications. I wish to avail 1 month sick leave under section 10 of maternity act. For this, my dr has also provided me a certificate which says i hv pregnancy related illness and i am advised rest till the end of the pregnancy. My company's HR is however saying that i can avail this 1 mth leave only after consuming 84 days of maternity leave. I am questioning them that after 84 days completion, it would become post delivery - then how would i be eligible for leave basis illness arising out of pregnancy? why wld my dr give me a certificate after delivery if there are no post delivery complications?
What is the exact way of availing this one month additional leave?

Paid/Unpaid Maternity Leave in a Private Sector Company

Submitted by tiburi12 on Mon, 14/04/2014 - 18:46.

Hi,

I am entitled to ESI Benefits. However, I do not want to avail medical or surgical benefits at an ESI Hospital, in Kolkata, my hometown.

Presently, I am seeing a gynecologist at KPC Hospital, Kolkata, which is an ESI entitled hospital.

My employer says I must take my treatment from an ECI Hospital otherwise I will get my 3 month leave, but it won't be paid for by the company.

I want to know: Is this the only way I can avail a company paid leave,or can I continue at my preferred hospital,i.e. at KPC Hospital, Kolkata?

Thanks & Regards

Sukanya Majumdar

frequency of maternity leaves

Submitted by zombie221 on Sat, 01/03/2014 - 20:14.

HI.

I AM WORKI NG AS A TEACHER IN A WELL ESTABLISHED PRIVATE SCHOOL FOR 6 YEARS NOW. I TOOK MY MATERNIYY LEAVES IN MAY 2013. NOW I AM PREGNANT FOR THE SECOND TIME AND DUE DATE IS JULY 2014. CAN I AVAILMATERNIY BABANIFITS TWICE WITHIN 1 1/2 YEARS. OR THE ORGANISATION WHAT LL ASK ME TO LEAVE... OR I CAN GET MATERNITY LEAVE S WITHOUT PAY..

PLEASE GUIDE MD ON THIS. ...

You can take ML(12 weeks +

Submitted by admin on Wed, 12/03/2014 - 19:12.

You can take ML(12 weeks + 1month paid leave) twice. Legally they can't ask you to leave. Apply for ML by email or registered post as a proof of applying.

not extending leave after availing ML

Submitted by sangita sawant on Thu, 27/02/2014 - 15:44.

Hi, I am working with Public Ltd.co.from last 3yrs & was on payroll from Apr12. I was on maternity leave from 26th nov 13 to 23rd feb 14 (90days) as per co's rule I have to resume duty on 24th feb. Therefore I resumed office for 1day & apply for further 3mnths leave extension. But now they are not ready to give me extension for another 3mnths & sanctioned leave only upto 18th march 14. My new born baby is just 2&half mnths till 18th march & my baby sitter will take care only after baby will complete 4mnths. I request my seniors but they are not ready at all, so now what can I do if I want to take another 2mnths leave. I am having 50PL balance and also ready for LWP. Shall I apply leave for medically unfit as I had an C-Section, if yes then when can I apply either on or before 18th march 14 as they extended leave only upto 18th march.
I need help what can I do as I don't want to resign and worry about what will they take action if I have not join from 19th March 14.

Joining new company

Submitted by resh_mi88 on Tue, 25/02/2014 - 11:50.

Hello
I am serving my notice period in my current organization and have already accepted the offer to join another IT Organization in another 3 weeks. I am currently 5 weeks pregnant which i just became aware of .
1.Will this be an issue while i join the new company ?
2.Can they refuse to let me join if i am pregnant?
3.Should i inform them about the same as soon as i Join?
4.I wish to continue working even after the baby comes. So can i use this this to my advantage?

Your question isn't about

Submitted by admin on Wed, 12/03/2014 - 19:22.
Your question isn't about ML. But we can discuss at http://forum.indianworkingwoman.org . Please post it there and we can discuss there.

school asking me to resign and not maternity leaves.

Submitted by hpreet on Mon, 27/01/2014 - 00:28.
4

Please tel what to do as school i m working as teacher is asking me to resign for maternity and they are not willing to give maternity leave. I have been working with this school as contract for 10 months and good record.

I havenot been given any appointment letter from the school in west delhi

what shall i do to explain them.

Send them ML request by

Submitted by admin on Wed, 12/03/2014 - 19:17.

Send them ML request by registered/speedpost. Contact labour commissioner nearby for help.

Hello, My name is sonali. I

Submitted by sonali on Sat, 04/01/2014 - 12:24.

Hello,

My name is sonali.
I have been working in a BPO organisation since last 14 months as a permanent employee.
I am 5 weeks pregnant and advised rest for 40 days (feb 2nd week)since i have conceived through IUI method.
But my management is not supportive and is not ready to give me leaves.Also i do not have much of PL's (paid leaves).So i have asked them to give me LWP (leave without pay).but they are not ready to give me leaves.the only option i have left with is to quit the job.
I really don't want to quit the job.
Is there any solution on this?

Your case isn't covered under

Submitted by admin on Wed, 12/03/2014 - 19:18.

Your case isn't covered under MB act

Should a compulsory three months paid maternity leave be granted

Submitted by Prahlad on Fri, 18/10/2013 - 15:10.

Hello All

We have started a SMALL company in 2012. Our employee strength is 18 including Directors, office boy and employees.

We can't afford 3 month paid leave. Whether it is compulsory to give three months paid maternity leave.

Or we can set it to 1-2 month.
Salary includes (Basic Salary+other allowances like HRA+Convence+Medical)

Your reply will be highly appreciated.

It depends. If the strength

Submitted by admin on Wed, 20/11/2013 - 14:14.

It depends. If the strength is more than or equal to 10 then you'll need to give ML benefit or ESI benefit.

Frankly, I don't think such a small company will adhere laws. The labour dept. is so corrupt. I hope you're not fighting against ruling politicians( just like Baba Ramdev). Then there no problem .. you decide.

Maternity leave

Submitted by archana_civil on Tue, 17/09/2013 - 17:20.

Hi,

Now iam working in private company ( seven years). I asked my Hr department about Maternity leave. They have told me that, i can avail up to 3 months with pay.

I heard that the maternity leave has been incresed up to sixmonths ( with pay).. Am i correct .

Is there any amendment in private sector.. because my hr department ask us to produce the document relating increse in maternity leave up to six months with pay..

In private it is still 12

Submitted by admin on Fri, 20/09/2013 - 19:30.

In private it is still 12 weeks only.

extended ML - rules in IT/ITES

Submitted by kal_1983 on Wed, 31/07/2013 - 09:30.

I availed 12 weeks ML, which got over last week.. I do have leaves in my account (CL / PL)
I want to know about the sick leave with MC (using Form 2)
1. Is this applicable to all IT/ITES - Can my company deny me this leave
2. Since I already have leaves in my account - can they adjust this ML extension against the same?
3. Should I have applied this extension earlier - it's been a week since my 84 days got over. (So my PL/ CL might have come into effect)

If you've joined back then

Submitted by admin on Sat, 03/08/2013 - 16:31.

If you've joined back then you can't avail 1 month paid sick leave. You should have availed it in continuation. ML can't be exchanged with anything else. It is your legal right even in IT company.

leave during probation period

Submitted by lekkalasravani on Thu, 25/07/2013 - 17:57.
5

I have joined in a private company on july 1st, and my expected delivery date is oct 1st,and I am in probation period of six months can I apply for leave otherwise I have to resign??? and is there any possibility for the company to fire me.please reply me as soon as possible.

Maternity Leave

Submitted by anita on Thu, 20/06/2013 - 16:19.

Hi I am working with a private ltd. company. I am expecting and due in mid October 2013. We do not have any maternity policy mentioned in our hr policy of the company. When inquired at our HO at Ahmedabad they have informed that I can avail continuous 84 days of leave benefit (6 weeks Paid leave (Basic Pay) before delivery of Child and 6 weeks after delivery of Child.) They have also mentioned that I would need to continue my services tin the Company after 84 days of Maternity leave

This company doesn’t have any benefits, salary always comes in late, (end of the next month) and its 6 days working plus it is quite far for me to travel, after delivery I would find it very difficult. I was wondering if I could take my maternity benefit and then put in my resignation since have worked here for about a year now. I had the following queries
1) Would it be unlawful for me to put in my resignation after my maternity leave period?
2) Or would it be better to put in my resignation a month before my maternity period is up (i.e. when I finish my 2 months of maternity benefit). So I have given them a month’s notice period. I would not want to join back to give a notice period of one month.
3) Would I have a pay my maternity benefit pay back to them if I do either.
4) Can they hold my Maternity benefit amount till I join back after 3 months Maternity leave
It would be really great if you can help me out. I would not want to be legally caught up in any hassles. Thank you.

If you've notice period then

Submitted by admin on Thu, 20/06/2013 - 17:16.

If you've notice period then for that period you'll need to attend your office after resignation.

You can resign immediately after joining after availing ML.

Maternity Rules

Submitted by newuser on Fri, 31/05/2013 - 12:23.

Hi
I am currently employed for 1 yr and 6 months now. And i am expecting. I have applied for my maternity leave which is approved but recently i got to know that my company would pay me only 50% of the salary during the maternity leaves as its something to go with ESI Act (only employees below the poverty line gets full salary & for non - esi employees company will pay only 50% of the salary during maternity)
Is it legal in India? Can my company do this?

ESI is for those having

Submitted by admin on Fri, 31/05/2013 - 12:56.

ESI is for those having salary below Rs. 15,000 and have worked for at least 9 months. During maternity leave, ESI will give you all benefits and not the company as far as I know. Is you name in the list sent by your company to ESI since you joined your company?

No i donot come under ESI. My

Submitted by newuser on Fri, 31/05/2013 - 14:02.

No i donot come under ESI. My company changed the maternity leave policy only after i applied my leave. And now as per my company rules, they say that they will pay full salary (under maternity leave) only to people under ESI caterory and for other they will pay only half the salary. Is this legal and right?

Maternity Leave on 5th month of pregnancy

Submitted by kavita Diwakar on Sat, 30/03/2013 - 18:29.

i am working with Insurance Co. and i want to know whether i can take ML from my 5th month of pregnancy or not?? . and if yes , then when shall i will get my salary i.e. on regular monthly basis or after completing of Maternity Leave?? , Please reply...

ML may be started 6 weeks

Submitted by admin on Mon, 01/04/2013 - 10:52.

ML may be started 6 weeks before the delivery date. ML does not affect your salary and all perks you get normally during ML period. Don't forget to claim another 1 month of paid sick leave after ML.