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

Thank you for your

Submitted by Anonymous (not verified) on Fri, 03/02/2012 - 17:08.

Thank you for your reply...
But, if i am on ML from 1Jan to 1March, and on 3rd Jan (During ML) I resigned giving 3 months notice period, then will it be considered ? ML can be considered as notice period or not?
Please reply.

sir i have joined a psu bank

Submitted by Anonymous (not verified) on Sun, 29/01/2012 - 12:06.

sir
i have joined a psu bank recently and i m presently 5 mths pregnant which i have already mentioned to the HR deppt. my probation period is of 6 months and i am planning to take leave after 4 months

will i get the maternity leave without any problems during my probation period?

thanking you

Try to finish 80 working

Submitted by admin on Sun, 29/01/2012 - 14:20.

Try to finish 80 working days(including holidays) then you'll be eligible.
Also PSU's may be liberal compared to minimum specified in Maternity Benefit Act. Just see your company's rule book.

Maternity Leave

Submitted by Vinamra Kumar (not verified) on Thu, 12/01/2012 - 14:45.

My wife working with a Pvt bank in Noida. she had worked with this bank for more than 30 Months. she is expected in mid May 2012. we are planning to take ML from starting of May only. (the bank gives 3 months ML).after completing 3 months ML can she resign without serving the 3 months notice period or 3 months salary instead. please suggest what we should do.

Maternity leave can be avail

Submitted by SAURABH AGRAWAL (not verified) on Tue, 24/01/2012 - 18:10.

Maternity leave can be avail for 6 months as it is declaired by GoI.

If your management is not providing only 3 months leave then you should take this & after completing the 3 months you can additionally take 2/3 months leave as under Special Leave.

Well, request your HR department for maternity leave for 6 months in written.

6 months GO is applicable

Submitted by admin on Wed, 25/01/2012 - 10:37.

6 months GO is applicable only for central govt employees

What is your question?

Submitted by admin on Thu, 12/01/2012 - 15:45.

What is your question?

Sir my ques is can she resign

Submitted by Vinamra Kumar (not verified) on Thu, 12/01/2012 - 15:48.

Sir my ques is can she resign without serving notice period.

Notice period is not related

Submitted by admin on Thu, 12/01/2012 - 18:32.

Notice period is not related to maternity leave. The company is right in the regard.
If she is planning to leave why not let her take 1 month sick leave in continuation which can't be denied.

Maternity Benefit denied

Submitted by Anonymous (not verified) on Tue, 10/01/2012 - 19:16.

Dear Sir / Madam,

My wife is working with a well established private limted company (employee strength around 60 across India) for more than a year. She is due in March and recently she approached the employer for the ML.

She was informed that she can take ML without pay as the company is not obliged as per any law to pay an employee ML with pay. She also heard that one of the director of the company has adviced to sack her.

Please advice if she is eligible for ML for 90 days with pay and to handle such situation.

Thanks

It'll be illegal to not allow

Submitted by admin on Wed, 11/01/2012 - 10:22.

It'll be illegal to not allow her maternity benefits at this time as per act. She is clearly eligible for it.
There is a jail term for violators.

resigning or joining duty after ML in private sector bank

Submitted by chitra (not verified) on Mon, 09/01/2012 - 13:53.

hi
Im working as a clerk in scheduled bank for 3 years. i took one month of leave from june1 to july1. i joined on july 4th and applied for ML from july 5th and the same was sanctioned.my baby is only four months old .i had to join the duty on jan 1st .but due to ill health i could not report on the same day.(feeding problem)i would like to know the following
1. whether im eligible to apply for leave for another few months
2.can i resign the job immediately
3. will their be any notice period stating compulsory working

kindly guide me

July 5th to Jan 1st? ML is

Submitted by admin on Tue, 10/01/2012 - 10:13.

July 5th to Jan 1st? ML is for 3 months only. You can resign anytime after availing it. After ML you can take 1 month sick leave in continuation due to delivery sickness etc.
I forgot to tell that notice period will need to be obeyed when resigning if it's applied generally and not simply created for those using ML.

can i get an extension on maternity leave ?

Submitted by Anonymous (not verified) on Thu, 05/01/2012 - 12:30.
4

hi

I'm working with an MNC recruitment firm and completed 20 months with them. i was on my maternity leave of 85 days when i had asked for an extension of leave for another 2 months(without pay or with pay)for my baby as he is still on my feed,on which my company has not approved saying it will hamper the target of the company. they have asked me to resign.it takes almost 2 hour to reach to my office being in mumbai and i cant afford it right now.

i would like to know:-
1) can i deny to resign.
2) or can the company terminate me by them self on my denial of resigning
3) suggest me a possible solution on this issue.

thank you

Company can't terminate you.

Submitted by admin on Thu, 05/01/2012 - 21:40.
Company can't terminate you. Don't resign! Also apply 1 month of sick leave due to maternity sickness after getting a medical certificate. You are entitled for a minimum of 12 weeks + 1 month sick leave. After this they may do whatsoever. So do now:
  • get 1 month sick leave certificate due to maternity sickness related reason to apply after 12 weeks of ML, from a doctor and apply it now with your company
  • Don't resign
  • Show them maternity benefit act and ask for justification
  • Raise it in http://forum.indianworkingwoman.org if not resolved

Can my company terminate me?

Submitted by Anonymous (not verified) on Thu, 12/01/2012 - 16:17.

Hi

Thanks Admin for answering my queries and as suggested i have reverted to my company.

on that they have offered me one month extension after my completion of ML...but i require some more time to join my organization as yet my baby has not got into the habit of outside feed as been suggested by his pediatric for the same....in such case i am not in a state to join back with the extension given.

In such situation can they terminate me if i don't resign as i have requested to give me little more time to rejoin.

Please suggest a solution.

Regards.

G.O.Ms.No. 152 - Andhra Pradesh Government GO

Submitted by Anonymous (not verified) on Wed, 28/12/2011 - 11:35.

“The
Commission therefore recommends grant of Maternity leave to the
married women employees of the State up to 180 days on par with
the employees of Government of India subject to the condition that
the same would be available up to 2 surviving children only”.

The G.O is available on Internet and can be accessed at the
address http://www.ap.gov.in/goir and http://www.apfinance.gov.in.

My Query: The Above rule shall be applicable for Private employees or not?

You should be covered under

Submitted by admin on Thu, 29/12/2011 - 11:43.

You should be covered under central maternity benefit act under which you can avail 12 weeks of ML. GO's will for state government employees.

maternity leave during probationary period.

Submitted by khushi (not verified) on Sat, 24/12/2011 - 22:30.

Hello,

I have joined my current organisation on 8th of Dec 2011. My due delivery date is in 1st week on June 2012. A per my appointment letter my probationary period is 3 months but it can be extended by the company for another 3 months.
I have the following queries :
1) Suppose if my probationary period is extended by another 3 months am i eligible for 3 months paid maternity leave?
2) Is there any rule in Maternity Benefits Act 1961 that states that during probationary period a women cant get a paid maternity leave???
3) can i take legal action against the company if they force me to resign because i am pregnant during probationary period?

Kindly Help.

Thanks a lot :)

Submitted by khushi (not verified) on Sun, 25/12/2011 - 20:39.

Thanks a lot :)

Here are the

Submitted by admin on Sun, 25/12/2011 - 20:30.
Here are the answers:
  1. Probation has no relation with maternity benefit
  2. No
  3. Yes, sure. They can't force you to resign within 12 weeks(ML) + 1 month(sick leave in continuation)

Am I eligible for materniy benifits

Submitted by vineela (not verified) on Tue, 20/12/2011 - 10:40.

Hi

I joined new company(private organization) from june 20th 2011.we dont have any probation period. As per the company policy maternity leave is given for 4 months.

I am planning to take maternity leave from jan 20th 2012.could you please answer to the my questions.

1) Am I eligible to take paid maternity leave & how many days?
2)If not then how many unpaid leave can i take as per maternity leave?

you are eligible.

Submitted by admin on Tue, 20/12/2011 - 18:59.

You're fully eligible for minimum of 12 weeks of maternity leave. You can add 1 month sick leave with your ML.
Your company is giving more than minimum mandated by Maternity Act.

Pay Hike

Submitted by Anonymous (not verified) on Wed, 14/12/2011 - 12:40.

I was on maternity leave for 3 months followed by leave with pay for about 2 months during the appraisal cycle (of 1 year). Will I be eligible for a pay hike for the 1 year duration? This is a private sector company that am working with.

Your 3 months is considered

Submitted by admin on Wed, 14/12/2011 - 15:08.

Your 3 months is considered as working time for you. Appraisals are verbal decisions on which written rules may not be enforced.
I mean appraisal is usually directly proportional to how product you've been etc. But on paper they can't discount your ML period of 3 months.

Hi

Submitted by Anonymous (not verified) on Tue, 13/12/2011 - 11:26.

My company provides paid ML for 12 weeks with a condition that the person has to work for next 2 years after joining back from the ML. If they leave before 2 years than you have to pay back the 3 months salary that was paid during ML.

Is this justified ?
Please help

This is ridiculous. This

Submitted by admin on Tue, 13/12/2011 - 14:55.

This is ridiculous. This isn't allowed. This must be a verbal rule in the company. You can resign the next day you join after maternity leave. Give us the written rule of your company.

Hi, I was recently selected

Submitted by vani (not verified) on Tue, 06/12/2011 - 19:36.

Hi,
I was recently selected as a PO in a nationalized bank.
I was 9th month pregnant by the time i got my appointment letter. I was asked to report at the training center for 6 days days training and followed by posting to concerned branch. I reported at the training center but the concerned in-charge refused to take my joining report. Inspite of my repeated pleading he did not listen to me and forced me to apply for extension for a period of 4 months. Having no other option I applied for extension and returned to my home town. Now, I received a letter stating that my request for extension has been declined. I contacted the concerned department, they said that I will be granted only 1 month extension and hung up on me. It is not possible for me join in the given time as my due date clashes with the date of joining. Please suggest me what to do? do i have a solution for this? I do not want to miss this opportunity.

Since you're not an employee

Submitted by admin on Wed, 07/12/2011 - 14:41.

Since you're not an employee of the bank, maternity act will not apply on you so we can't advise.

Better check the rule book of the bank and ask your husband to meet the right person in the bank.

As far as I know PSU's don't cancel appointment.

Maternity Leave

Submitted by Shikha Passy (not verified) on Mon, 28/11/2011 - 14:20.

Hi

I am working with an Exhibitions company as HR. My query is that one of our employee took maternity leave for 90 days from July - Sep 2011. In Oct 2011 she applied for Medical Leave for 30 days and joined office on 31 Oct 2011. We paid her entire salary every month.

She joined us back on 31 Oct and immediately after joining withing 1 week she put her papers down and asked us to relive in 30 days after serving notice period.

Kindly suggest that can we do anything legally in this?

You can't do anything

Submitted by admin on Mon, 28/11/2011 - 20:51.

We can answer query regarding maternity leave only. You could not have stopped her salary during her maternity leave including any medical leave in continuation of her maternity leave( maximum of 1 month) as per maternity act even if she resigned immediately after availing it.

In short you must pay ML benefit + salary during 1 month medical leave( if she took it).

Maternity benefit act will cease to apply once she joins office and you've paid all her dues as per maternity benefit act(in this case, you've).

Child care leave

Submitted by sunita (not verified) on Mon, 21/11/2011 - 16:27.

I am a women employee of PSU since 1994. I am having two children who have till date not attain the age of 18 years. our corp. has not issue a circular on the subject cited above. Can i take the child care leave as per rule of 6th pay commission dt. 11th sept.,2011

As far as I understand 6th

Submitted by admin on Tue, 22/11/2011 - 09:21.

As far as I understand 6th pay commission is only for central government employees. It is not for PSU's. So you'll need to check your company rules for this.

Leave

Submitted by Anu (not verified) on Wed, 09/11/2011 - 08:36.

Hi,

I am working in a public limited company & as per my HR policy, I am eligible for 12 weeks leave & additional one month leave on production of doctor's certificate. My query is Whether Sunday & Public holidays can be considered as additional leave or it is included in the 12 weeks / additional one month. Kindly clarify - Thanks.

Are you asking about ML? Yes

Submitted by admin on Wed, 09/11/2011 - 09:07.

Are you asking about ML?
Yes it'd include everyday be it holiday.

12 weeks of leave including National Holiday.

Submitted by Sekar Devaraj (not verified) on Fri, 02/12/2011 - 19:37.

Dear Sir,

My doubt is,

1. A Employee availed maternity Leave during January to March.
2. In January Republic day (26/01) falls under National Holiday.
3. For days counting purpose whether the Republic day to be included with in 12 weeks OR excluded?

Regards, Sekar Devaraj

Any on which salary is paid

Submitted by admin on Sat, 03/12/2011 - 15:11.

Any day on which salary is paid whether holiday or not will be counted as working day for ML.
If she got salary for 26th Jan then it'll be counted.

Thanks a Lot.

Submitted by Anonymous (not verified) on Sat, 03/12/2011 - 17:29.

NOW I AM CLARIFIED. MY SINCERE THANKS SIR.

maternity leave without the completion of probation

Submitted by Rohini (not verified) on Sat, 05/11/2011 - 16:20.

Hi,

Can a women take maternity leave during the probationary period in public/private sector banks.Or she can extend the joining date?

Yes

Submitted by admin on Sat, 05/11/2011 - 16:58.

Why not? But yes your joining date will be extended most likely.

no pay during maternity leave

Submitted by Anonymous (not verified) on Mon, 17/10/2011 - 16:03.

My wife's employer has intimated that she will not be paid during maternity leave. She will be paid only the basic pay after she has joined back from her leave. Is this the right practice?

Has she worked for more than

Submitted by admin on Tue, 18/10/2011 - 11:40.

Has she worked for more than 80 working days (including holidays)? If yes then this is against law. You can approach labor commissioner.

Maternity Leave

Submitted by SUJATA (not verified) on Tue, 20/09/2011 - 14:34.

I have joined the new company on 1st June 2011 & my probation will be completing on 1st December 2011. I am planning to take leave from 16 Jan. 2012.
My question are as follows:
1)I am applicable to take paid maternity leave & how many days?
2)If not then how many unpaid leave can i take as per maternity leave?
3)When should i apply for the leave? How many days before 16 Jan. 2011 because i want to take leave from 16 Jan 2012

PLS. SUGGEST.

Hi Sujata, You are definitely

Submitted by Anonymous (not verified) on Wed, 21/09/2011 - 12:56.

Hi Sujata,

You are definitely eligible for maternity benefit as per maternity benefit act, the minimum maternity leaves are for 12 weeks. You can check the HR policy of your company as some companies give more than 12 weeks leaves as well. As per maternity benefit act , you can combine any kind of leaves with ML that includes medical leave without certificate.

There is no specified period in act for applying leave. You can inform to your superiors verbally now also and in writing after completing your probation period that You are planning to go for long leave from 16 jan 2012. I do not see any difficulty in that.

maternity leave

Submitted by diya verma (not verified) on Thu, 14/07/2011 - 15:14.

Is The Maternity benefit act 1961, applicable to Executive Trainees of PSU?
If the traing period is complete, will the working days of training period be counted in counting the 80 days preceding EDD?
Please help me.

Hi Diya, Maternity Benefit

Submitted by Anonymous (not verified) on Wed, 21/09/2011 - 16:12.

Hi Diya,
Maternity Benefit act applies to regular employees as well to contractual employess. You also come under its purview and you should get maternity benefits and leaves. If this training is part of your regular employment, it will be counted as working days.

hi

Submitted by Padma (not verified) on Sun, 10/07/2011 - 19:49.

Hi i am working in limited company.I join in this company Dec 1st 2010, after i am getting p regency. Now i am carrying 9th month. i am intimated last month to my HR for leave she will approve 3 months and salary also. Suddenly my HR will changed now she asking to complete 180 days working when i am joining date. Please suggest me who to do? I am completed 175 working days.

First of all , if you had

Submitted by admin on Mon, 11/07/2011 - 14:41.

First of all , if you had completed 175 days and still delivery has not taken place , you can work for five more days.
As per rule, 180 days working was never the condition, earlier it was 160 days as per Maternity benefit act 1961 but now it has changed to 80 days minimum working prior to Maternity leave. So legally she can not force you but if there is no difficulty , I see no harm in completing 5 more days After all, you have to work in that company in future as well.