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

Hi.. I am planning to take

Submitted by kusuma on Tue, 22/01/2013 - 20:29.

Hi..

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

Submitted by admin on Sat, 26/01/2013 - 10:15.

ML can be started 6 weeks before delivery date.

maternity Leave

Submitted by Lokendra on Tue, 01/01/2013 - 20:06.

Hi,

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

Thanks

She should get 12 weeks ML

Submitted by admin on Wed, 02/01/2013 - 16:35.

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

Submitted by aks.anoop on Thu, 13/09/2012 - 13:39.

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,
Aks.

ML rules applies for company

Submitted by admin on Mon, 17/09/2012 - 11:35.

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

Submitted by Tsering on Mon, 10/09/2012 - 12:55.

Hi,

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.

Thanks

After you've availed ML and

Submitted by admin on Mon, 17/09/2012 - 11:40.

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.

Submitted by Tsering on Wed, 19/09/2012 - 13:47.

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.

Submitted by saroj jangir on Sun, 02/09/2012 - 19:48.

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 post..is my post is substntive one?

Please provide me the rules for the same.

Thanks

PF does not matter, if you're

Submitted by admin on Mon, 17/09/2012 - 11:46.

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

Submitted by admin_19 on Fri, 31/08/2012 - 16:35.

Hi

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

Thanks

As per MB act you should have

Submitted by admin on Mon, 17/09/2012 - 11:42.

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

Submitted by Marti on Mon, 20/08/2012 - 14:43.

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

Submitted by admin on Tue, 21/08/2012 - 10:09.

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

Submitted by Marti on Tue, 21/08/2012 - 13:23.

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

Since you're not covered

Submitted by admin on Sat, 25/08/2012 - 23:25.

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

Submitted by Meenakshi on Mon, 13/08/2012 - 14:57.

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

Submitted by admin on Tue, 14/08/2012 - 10:43.

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

Submitted by lata on Wed, 25/07/2012 - 11:58.
4

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

Submitted by admin on Sun, 29/07/2012 - 20:32.

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

Submitted by nimisha on Tue, 17/07/2012 - 18:49.

Hi,
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

Submitted by admin on Wed, 18/07/2012 - 11:34.

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

Submitted by raji1224 on Thu, 12/07/2012 - 15:10.

Hi,
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

Submitted by admin on Fri, 13/07/2012 - 10:10.

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

Submitted by rose on Mon, 18/06/2012 - 21:00.

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?

Anything related to

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

Anything related to maternity. You need a certificate from a doctor citing reasons related to delivery.

Additional 1 month leave is

Submitted by admin on Sat, 23/06/2012 - 22:20.
Additional 1 month leave is without pay. For that any illness arising out of pregnancy/maternity is required. Yours is a genuine case. Just get the form 2 signed from doctor and submit in your office.

Additional 1 month sick leave

Submitted by admin on Fri, 13/07/2012 - 10:13.

Additional 1 month sick leave is with wages, sorry for mistake.

Need help-pregnancy issue

Submitted by nam.raghunath on Mon, 21/05/2012 - 18:12.

I am working in a software company from past 1year 7months. Currently I am a 16 weeks (4 months) pregnant. I have afternoon shift and work from home option even before I was a pregnant. My manger got changed the new manger who took over team even after knowing I am a pregnant want me to come to office that too in night shift.

I brought this to the notice of HR and even Sr management but they nodded their head that they can’t help me on this. They says there is no other opportunity also where they can fit me in and suggested to look out for other opportunity. I worked for an organization for such a long time and the time I need help they say they have no option. Companies helps and provide options for working woman but here they are taking back the existing option also after I brought to their notice that I am pregnant.

I am really dishearten and don’t know how can I proceed. I can defiantly look out for job outside but company will hire a pregnant lady who wants to go on maternity leave in next 4-5 months. I am in a condition where its important for me to continue in job to avail medical benefits and maternity leave. But they are creating such a environment in office where I have to put down my paper.

Can someone plz suggest how can I fight with this?

Maternity Leave

Submitted by Arunadevi Lingam on Mon, 21/05/2012 - 16:35.

Hi!

I am working in AICAR Business School as a Asst. Librarian. I have not completed one year. Am I eligible for maternity leave? I have taken leave from 19th Nov to 31st March. My baby was born on 28th Nov 2011. In my college there was no such case I am the first one. so I want to know more about ML. I have got leave for 4 months but without pay.

Please provide me the rules for the same.

Thanks

Are you covered under ESI?

Submitted by admin on Thu, 31/05/2012 - 15:13.

Are you covered under ESI? Otherwise you will be covered under maternity benefit act. Have you worked for more than 80 days (including holidays) in last 1 year? Then you're eligible.

Regarding maternity leave

Submitted by meghana.morde on Tue, 08/05/2012 - 14:56.

i am working as lecturer in mumbai university affilated private college.Bombay unversity, state government and DTE rules are applicable to my orgnisation. I am on probation for two yrs but took maternity leave after one year of my service.
Am i eligible for full pay maternity leave of six months.
My appointment is full time one... i wanted to know what is substantive post..is my post is substntive one?
as per circular of bombay university it says 180 days maternity leave is given to the employee with reference to maharashtra civil service rule 1981 ...about probationer it is not clear....
but maharashtra civil service rule 1981 says if one yr of your service is complete no matter if ur appointment is for permanant post or temporary post u will get six months half pay leave..... is it true....any ammenments are there? and what about my probation? would it extend by 180 days?

You're fully eligible for

Submitted by admin on Thu, 31/05/2012 - 15:34.

You're fully eligible for maternity leave. I hope ESI isn't applicable for you. Maharashtra Benefit Act, 1965 will apply on you. Your college should be maintaining maternity register which is a legal requirement as per Maharashtra act.
For clarification you can even talk to Labour Commissioner office near to you.

Maternity benefit act does

Submitted by admin on Wed, 09/05/2012 - 10:15.

Maternity benefit act does not make distinction between casual/temporary/on probation/permanent employees. You will get it.

maternity leave with breaks

Submitted by HARI on Sun, 17/06/2012 - 21:57.

MY WIFE IS A EMPLOYEE IN STATE GOVT. UNDERTAKING ESTABLISHMENT AND PRESENTLY UNDER ML. SHE WANTS 2 REQUEST FOR TRANSFER TO A NEW PLACE, WHETHER SHE CAN JOIN THE NEW OFFICE IF TRANSFER IS CONSIDERED AND CAN USE BALANCE OF ML AT HER NEW OFFICE?

Your query is not clear.

Submitted by admin on Sat, 23/06/2012 - 22:11.

Your query is not clear.

maternity leave

Submitted by aarthimaneksha on Sun, 25/03/2012 - 16:26.

i am working as a clerk in a nationalized bank and i can avail 6 months leave, if it is possible for me to resign my bank job after 6 months, for accepting my officer cadre offer from another bank, what will be the formality whether i have to give one notice period or one month pay after maternity leave please suggest me. thanks and regards

You can resign. But notice

Submitted by admin on Wed, 28/03/2012 - 11:03.

You can resign. But notice period is not related to Maternity Benefit Act. It means you'll need to serve notice period as per your job agreement.

regarding maternity leave

Submitted by shabnam bano (not verified) on Wed, 22/02/2012 - 21:35.

iam a regular kvs woman employee.is it compulsary to avail the maternity leave just after the birth of the chid ?can't avail after 1 month?

I've seen a case when a lady

Submitted by admin on Thu, 23/02/2012 - 00:37.

I've seen a case when a lady applied ML 4 days after delivery. I've not seen any case applying leave this way. Let me find about this.

Maternity Leave complaints

Submitted by Jeni D (not verified) on Tue, 14/02/2012 - 18:17.

Hello,
I am working with the private company as an dispatch manager. It is a proprietary company.
I had requested the Director about the maternity leave.
They told me that we think about that and then make the decision.
M on leave from 1 months and my due date is near but m not getting the maternity benefits.
What step should i take to get back my maternity benefits.
I heard that this is a govt law applicable to everyone.

This is Gandhi's (useless)

Submitted by admin on Tue, 14/02/2012 - 22:27.

This is Gandhi's (useless) country. A law since 1961 but no conviction since 1961!
In short there isn't anything anybody in India can do to help you. If you show your company correct rule, they'll fire sooner or later. If you complain to Labour commissioner in your area, they will bribe him well.

This is Gandhi's (useless)

Submitted by Jeni D (not verified) on Thu, 16/02/2012 - 12:45.

So u mean there is no way to go. That is the end of the world.
In one of the news paper there is a article on the same issue, One lady from "National commission for women" talking about the issue.
They will help you to tackle the problems women facing while working.
I'll first broadcast the mail requesting again for maternity leave send it to all other employees including the director.
Due to this mail other employees will feel insecure.
It may cost for my job, but good for other employees.

Nice idea! I thought yours is

Submitted by admin on Fri, 17/02/2012 - 00:00.
Nice idea! I thought yours is a small company, and only such companies indulge in this (illegal) activity flouting Maternity Benefit Act rules.

If you can keep your job doing anything, then go for it!
We want such pioneers, but even more important is that people like you should be highlighted to other women who can follow your spirit.
If everybody starts following you, at least something in the world will move.

Our another friend( read story here) wasn't lucky and she simply gave up.
We're looking for pioneers like you for our working women's sexual harassment site. If your any of friends ever need help for office sexual harassment, do direct them here.






Maternity leave

Submitted by hemang trivedi (not verified) on Fri, 03/02/2012 - 11:10.

I want to know is there any specific law about this like if women working in private limited company get paid maternity leave?

And if company will not given paid leave? Can women file suite against compay?

Looks like you live in US! If

Submitted by admin on Tue, 14/02/2012 - 22:34.

Looks like you live in US!
If you've worked for 80 days(including holidays) in last 1 year then you're eligible for it.

You can go to court only if your relative is advocate. Remember India's courts is never a solution. It is a deep puzzle in itself.

Better complain to labour commissioner in your area/district/tahsil.

Maternity leave will need to

Submitted by admin on Fri, 03/02/2012 - 11:32.

Maternity leave will need to be given.
We'll talk to company on behalf of Indian working women about it. Yes you can go to court for it. But only if one of your relatives is an advocate.

Tell us the company and contact details.

can I resign during maternity leave period?

Submitted by Anonymous (not verified) on Thu, 02/02/2012 - 14:18.

I work in well known software company. I am peremenent employee and has 3 months notice period to resign a job.
I am planning to leave this job and not to return after meternity.
Can I resign during the maternity leave period? If yes, what about 3 months notice period - Do I need to serve it?

Notice period will need to be

Submitted by admin on Thu, 02/02/2012 - 19:59.

Notice period will need to be obeyed. You can continue your ML by another 1 month by giving sick leave due to maternity which your company can't deny you.