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lina abood (bussiness)     25 January 2010

maternity leave

what is the maternity leave period?



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 3 Replies

A V Vishal (Advocate)     25 January 2010

Individual maternity benefits may vary from organisation to organisation and will primarily depend on a particular organisation’s HR policy. However, most organisations follow a three-month maternity leave pattern. The government is currently considering a six-month maternity leave policy.

Under the provisions of the Maternity Benefits Act, you are entitled to maternity benefits at an average daily wage for a period of six weeks from a day before your delivery to six weeks following that day.

The average daily wage is calculated on the basis of your daily wages during the period of three calendar months immediately preceding the date you absented yourself on account of maternity, or the minimum wage rate, whichever is higher.

To be eligible you should have worked for not less than 160 days in the 12 months immediately prior to the date of your expected delivery.

You are entitled to a maximum period of 12 weeks as maternity benefit. In the unfortunate event of a miscarriage, you must provide relevant proof of the miscarriage to avail the medical benefits.

Another important provision under the Maternity Benefits Act is that if you are ill on account of your pregnancy or if you have delivered prematurely, you are entitled to a maximum period of one month in addition to your maternity leave.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 January 2010

i do agree with vishal.

Sudhir Kumar, Advocate (Advocate)     21 November 2011

These provisions do not apply in maternity leave in Govt sector.


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