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

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.


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Paid/Unpaid Maternity Leave in a Private Sector Company


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




You can take ML(12 weeks +

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

Hi, I am working with Public 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

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

Your question isn't about ML. But we can discuss at . Please post it there and we can discuss there.

school asking me to resign and not maternity leaves.


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

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

Hello, My name is sonali. I


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

Your case isn't covered under MB act

Should a compulsory three months paid maternity leave be granted

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

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


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

In private it is still 12 weeks only.

extended ML - rules in IT/ITES

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

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


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

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

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

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

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

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

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

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.

Hi.. I am planning to take


I am planning to take maternity leave from 15th march and my expected date is 6th May.

Our HR told that i will be getting maternity leave salary once i get back to work exactly after 3 months i,e June 16 which is not possible since my baby will be only 1.5 months. I requested them that i will join the company after 6 months so they are telling maternity leave salary will not be paid.

Please help me how to proceed.. Is there any rule that the salary has to be paid monthly?

ML can be started 6 weeks

ML can be started 6 weeks before delivery date.

maternity Leave


my wife working in a cement co., her exacted date of delivery was 22nd oct & she had apply leave from 7th oct & fortunately her delivery date was same on 7th oct now co. has paid wages for only 6 week that was post natal, now my query that can we eligible for payment benefit for 3 month or 6 week only ?
Pls to revert on urgent basis


She should get 12 weeks ML

She should get 12 weeks ML along with paid 1 month sick leave ( if she can show medical certificate related to maternity leave)

Does Maternity Leave applies for Company more than 10 employees

Respected Sir,

I have lodged a complaint in labour comission for denial of maternity leave for my wife. I need your guidance on these points.
1. Does maternity leave apply only if company have more than 10 employees?
2. Can Business Development Director and Managing Director and Director of Finance be counted for the total employee count?
3. Office Boy, System Admin, Security person can be counted or not?

Please help.

Thanks & regards,

ML rules applies for company

ML rules applies for company with more than 10 employees. Also that your wife should not have been covered under ESI.

All persons directly employed by company will count even though they may be daily wages employees. But those contracted from some firm etc will not count.

maternity leave


I work in a private BPO. I delivered a baby on 22nd Feb. I was on leave from 6th feb till 31st july. I joined back but my son keeps falling ill every now and then, so i decided to take another months leave starting sept 12 so that i can give take care of him full time. Now my employers asking me to resign as they cant give me any more leaves even though some of my coleagues are still on maternity leave who went on leave long befre i started.

What is my right? my office is in Noida and I have been in htis company for the past 5 years.


After you've availed ML and

After you've availed ML and joined office, MB act will cease to apply. I don't see fault with company in asking for your resignation.
But this is gross injustice for Indian women and you are suffering from this only because you're a woman.

Indian law makers must do something to bridge this gender injustice and inequality.

Thank you for the response.

Thank you for the response. That helps a lot.

My company has a leave policy of 180 days sabatical leave that u can avail. My point is why do u have policies of leave when u cant avail. I dont want to resign just because my kids arent keeping well. I think this is unfair!

maternity leave with pay.

dear sir/ madum,
i am working a private engineering college at jaipur recognized from UGC and affiliated RTU kota, from September 2011,and there are no ESI and PF system. now i am pregnant 21 weeks and its my I baby and maturity date will be 12 January 2013 . Am i eligible for full pay maternity leave of six months with pay .
My appointment is full time one... i wanted to know what is substantive my post is substntive one?

Please provide me the rules for the same.


PF does not matter, if you're

PF does not matter, if you're not covered under ESI they you'll be covered under Maternity Benefit act and you'll get 12 weeks ML + 1 month paid sick leave.

Not paying PF is against labor rules if total employees are more than 10. This is another issue and normally such companies/colleges bribe labor officers.

But you can easily pull the college in labor court.

Also if your salary is more than 15k then you'll not be covered in ESI.

Maternity leave


I have completed my 3 months training in a software company and now i'am on 1 year probation period that is from aug 2012 to aug 2013..currently I'am 2.5 months
(8 weeks) pregnant so want to go on maternity leave from dec'12. i want to know whether i'am eligible for maternity leaves as i have not completed my probation of 1 yr. Also can i take loss of pay leaves during probation period if maternity leave is not granted?

kindly assist me regarding this


As per MB act you should have

As per MB act you should have worked for at least 80 days(including holidays) before you can avail it.

Also checkout if you're covered under ESI.

Maternity leave benefits

I am working in a private concern for almost a year my due date is dec2012. upon asking about my maternity leave benefits the Hr says am not eligible for 3 months of paid leave since am not under ESI. Is it true that maternity benefits are only for employee covered under ESI only? HR says for your salary you are covered under mediclaim so company don't provide any sort of paid leaves. Kindly advice wat is true?

If you're not covered under

If you're not covered under ESI they you'll be covered under maternity benefit act. What's your total employee count in your company? Do you have PF deduction?

Yes Pf deduction , total

Yes Pf deduction , total strength would be around 300-400 it's an hotel.

Since you're not covered

Since you're not covered under ESI you're entitle to maternity benefit act 1961 central or state laws. It is your right.

company denying for maternity leave after working for 14 months

Hi.i work in a pharmaceutical MNC.I joined the company in Feb 2010 and my due date is 30 oct'12.i am on leave without pay from 16 Mar'12 till today since i had serious complications and doctor advised me bedrest.with application and all documents stating the doctor's prescription i applied for leaves.i can take 7 CL and & 7 SL and rest are LWP. now when i am asking for maternity leave approval,the HR is saying that i took unauthorised leaves and i am not eligible for maternity leaves and benefits. After completion of my 1 year i asked them about maternity rule as per company HR policy,they said 3 months of leave+total salary+delivery expenses upto 50,000rs.and now they are saying that i am not eligible.Also along with they say i am not interested in work,they are doubting my performance,and also have given me a notice that whether i am interested in continuing of employment. Also they have not given me one month salary of March'12 when i was full time present on work. what can be done please suggest.i have asked them for a copy of HR policy for maternity.
Kindly suggest.

I'm sorry to hear this. This

I'm sorry to hear this. This is sheer injustice for being a woman.
I'm not good legally in labour laws.

I think at this moment maternity benefit may only be denied for gross misconduct:

12. Dismissal during absence of pregnancy.-(1) When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

(2)(a)The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.

The best advice I want to give is that -
1) never resign yourself - let them dismiss you, but you show this rule to the HR if they do. If you're discharged/dismissed then you need to appeal within 60 days to labour commissioner.
2) Show true sincerity and dedication in your work - convince them as much you can. Answer your notice in the same manner.
3) Rush to meet Labour Commissioner in your area and seek his advice. They have the jurisdiction to intervene in your case. In fact all of labour related cases. To locate him, you can first go to PF commissioner office, they will guide you.


All the best.

shall i get leave extension


I am working in well know public ltd co. from last 5year, my 1st baby is 2.3years old. now i am carrying second time. my delivery dt is 14-jan-13 at that time my 1st baby will be 2.10year old. pl calrify following doubts.

1. shall i get maternity benefit twice in 3 year?
2 As per our co. rule ML will be 84days only, shall i take Prevelliage leave (PL) before ML. My delivey date is 14 Jan. 13, shall i take PL from 1Jan13 to 31-Jan-13. & after that ML. Is it affect my maternity benefits (Medical reimbersement?
3. We are trying to convince our HR for 6months leave, pl provide me some Govt. rule / act / any sample format to submit to our HR dept.

1. Yes you're eligible for

1. Yes you're eligible for ML.
2. You can start ML 6 weeks before date of delivery. Also get one sick leave certificate on form-2 to get another 1 month paid sick leave.
3. For private sector only 12 weeks ML is allowed.

Employer not allowing to rejoin after maternity

I am working with a Private Engg. College since last 8 years. I gave birth to a baby in May 2012.

In my early days of pregancy I was having some serious complications, around the period of Nov 2011, so after completing the college session for that semester I took leave without pay during starting Nov 2011 till 05 April 2012. I applied these leaves along with a Medical Certificate from my Doctor, who was actually advicing to take the leaves since much before.

In April 2012, then I applied Maternity Leaves. Now after the delivery in last week of May, I contacted the college HR in mid of June for my re-joining around mid of July 2012. But college are now refusing my re-joining stating various reasons -
a. First excuse they made that I didn't applied for leaves properly. When I remined them about Medical Certificate and leaves application till April 2012, they took back this excuse.
b. Second they mentioned that vacancies are not available but 3 other employees have resigned since then and they haven't filled up those spaces as well. They just increased the load of existing employees.
c. Last now they are stating the perfomance issues. Just wondering why they never saw any perfomance issues in last 7-8 years, and why just after pregnacy

I want to know what action can I take against college and where? Is it just filing the lawsuit in court or some other action can be taken before legal case. Can you please guide me for this.

I hope you come under

I hope you come under maternity benefit act. In that case college needs to give you salary for 12 weeks of ML and also another 1 month of sick leave if you apply.
I suggest you to apply 1 month sick leave using form 2.

Let me know of college contact number and I'll talk to them otherwise you can meet the labour commissioner in your area to get the maternity benefit.

After they've fully paid you under maternity benefit, they can ask for your resignation when ML benefit ceases to apply.

Extension of ML

I'am on ML from mar 22.i delivered on April 25 by c section.I have my ML till jul 17(80 days ML
).i have a medical condition where in I have developed infection for my stitches and have severe internal bleeding.i was advised 3 months of complete bed rest.How do I proceed in asking the officials for extension of the leave.will I be eligible for paid leave or do I have to opt for loss of pay?

I see that you're eligible

I see that you're eligible for 1 month sick leave with wages. Beyond this, it'll be out of scope of maternity benefit act.
Submit Form-2 signed by your doctor.

extended maternity leave

I understand that an organisation can provide additional one month leave with pay if there is any illness arising out of pregnancy. Can you let me know what kind of illness's are covered?

I had a C section and have have immense back ache due to which I am predominantly confined to bed. Is this a valid reason?