Maternity leaves in pvt ltd organisation
Sarmistha Bhide
(Querist) 04 November 2013
This query is : Resolved
I am working as a permanent employee (software engineer) in a Pvt Ltd organisation in Bangalore.
1. How many days of fully paid maternity leave can I avail as per the Indian laws for private organisation?
2. How many unpaid leaves can I avail at the end of paid leaves post delivery?
Thanks
Sarmistha
Kumar Doab
(Expert) 04 November 2013
You may look into Maternity Benefit Act 1961:
12 weeks paid leave: 6 weeks before {to be paid in advance {Section 6}} and 6 weeks after delivery {within 48 hours of production of proof that the woman has been delivered of a child}.
Another 1 month paid leave if pregnant woman is suffering from illness arising out of pregnancy delivery {Section 10}.
Medical Bonus of Rs.3500/ also……………{Section 8 & Rule 5}
A pregnant woman can also request her employer not to give her any work which is of an arduous nature……………………………..{Section 4}
The unpaid leave shall depend upon the leave policy of the private organization.
The private establishment may allow clubbing other applicable leaves with Maternity leave as per its leave policy or as a special goodwill gesture or it may decline too.
Female anatomy is complex. A woman risks her life while giving birth to a new life.
While the employer may feel that the woman employee should join duty after the woman may feel that her body is not fit to resume the duty. However the doctor’s medical certificate should be submitted along with leave application preferably by redg. post by the woman employee well in time.
The points you are hinting have been discussed in many threads e.g;
http://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN
http://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM
http://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM
http://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM
http://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM
http://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO
You may find these relevant.
V R SHROFF
(Expert) 04 November 2013
Well advised, nothing more to add.
Sarmistha Bhide
(Querist) 04 November 2013
Thank you for a detailed reply.
Just one clarification, as per shared information paid maternity leaves are 12 weeks duration. But, some people advised me that number of paid leaves during maternity is now six months or nearly 120 days. Is there any truth Or they are misinformed?
Regards
Sarmistha Bhide
(Querist) 04 November 2013
I saw similar information (120 days paid leave) in one the shared references as well. Does it apply to my private organisation too?
Kumar Doab
(Expert) 04 November 2013
Pls provide the link to the shared information referred by you.
This shall benefit everyone and the matter shall stand corrected.
As per the Act the employer is under obligation to exhibit the abstract of the provisions of the Act and the rules made thereunder in a conspicuous place in every part of the establishment in which women are employed {Section 19 & Rule 5}…………………………….
Hence there should be no confusion to a woman employee that the leave applicable in case of your private establishment is 90 days or 120/180 days………………….
If the employer and concerned HR personnel have not displayed the Act, applicable leave and rules………………………it is wrong on their part and thus to know ML and leave policy of your company you have a perfect reason to approach the concerned personnel in HR preferably in writing.
It is felt that For Pvt. Sector if you add 1 month leave (sec10) the total leave is ~ 120 days.
For Women Employees of State Public Sector Undertakings / Statutory Boards……the Maternity Leave has been enhanced to 180 days.
The employer can provide benefits that are superior to the provision of this Act.
The employers in private sector also allow ML up to 180 days e.g. Citi India, flexible options to avail ML e.g. Citi India, clubbing it with PL e.g. HSBC, flexible work hours or sabbatical and even LWP (after expiry of ML) up to 4months subject to approval by Business head etc. The private establishments allow even staggering of ML………………e.g. JP Morgan……
For an issues you may refer to the Act and check which would be the Appropriate Government in your case e.g; Central /State and approach Inspector Appointed by the appropriate Government, under this Act…………………………
The local o/o Labor Commissioner can guide you on this…………………
R.K Nanda
(Expert) 05 November 2013
nothing to add more.
Raj Kumar Makkad
(Expert) 05 November 2013
No more to add in the given replies of doab.
