Maternity Leave benefits in India

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maternity leave

Hello all you lovely working ladies,

I have picked up some excerps from The Maternity Benefits Act, 1961 which are relevant to most of the urban woking women. I have used the words as is. Hope you benefit from it.

From my experience, I was entitled to 12 weeks leave, I used p my leaves and made it 14 weeks. So 2 weeks before delivery and 12 weeks after my baby was born.

My company provides a maternity bonus of Rs 2500 once the baby is born, but sadly we need to chase the HR to get it done, and I didn’t feel like so I let it go. Do you guys get some bonus like this?

Here are some points:

  • No women shall work in any establishment during the six weeks immediately following the day of her delivery 2[miscarriage or medical termination of pregnancy].
  • No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, 1[miscarriage or medical termination of pregnancy].
  • no pregnant women shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
  • every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.]
  • The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery
  • Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.
  • In case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy].
  • Leave with wages for tubectomy operation. In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation].
  • A woman suffering from illness arising out of pregnancy, delivery, premature birth of child 1[miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.
  • Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.
  • When a woman absents herself from working accordance with the provision soft his 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.

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About admin

Jaishri is an IT professional and the founder of mommyswall. She is a mom of a lovely 4 year old and lives in Bangalore. She is also a certified Yoga instructor and believes in Natural living.
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