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Shashank Raj   10 March 2017

Maternity leave

Dear Sir/Madam,

My wife works in TechMahindra (Software Company).

She gave birth to a baby boy on 25th January, 2017 & is currently in Maternity Leave.

As per her company's policy, she is allowed Maternity Leave only for 90 calendar days of paid leave.

Since the Parliament has passed The Maternity Benefit (Amendment) Bill, 2016 on 9th March, 2017 allowing 26 weeks of paid leave, can we challenge the company to extend my wife's paid maternity leave period to 26 weeks?

Thanks,

Shashank



Learning

 5 Replies

Kumar Doab (FIN)     10 March 2017

After the Bill is passed it is sent to President of India for assent.

It is notified in the gazette.

It becomes applicable from the date mentioned in gazette Notifcatioon.

M/s TechMahindra (Software Company) shall also be liable to comply and implement from the date mentioned in the Notification.

Kumar Doab (FIN)     10 March 2017

Maternitiy Benfit Act, 1961 provides for many benefits and all covered establishments/employer are under obligation to comply.

e.g; Another 30days Maternity Benefit if pregnant woman employee suffers from sickness due to pregnancy delivery.

 

The covered establishments/employer canot provide benefits inferior to the provisions of the existing Act but can provide superior benefits, by its own sweet will/wish/decision/policy.

 

There are private establishment that have already been providing 180days Maternity Benefit to its employees, by their own internal policy.

 

There are many threads on Maternity Benefit that you and readers may find relevant and useful.

 

https://www.lawyersclubindia.com/forum/180-days-maternity-leave-for-women-working-in-private-sector-102343.asp

 

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN  

https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM  

https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM

https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM  

https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO

https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.U0pY90eBmXX    

https://www.lawyersclubindia.com/forum/Regarding-maternity-leave-100692.asp#.U1N830eBmXU  

 

 

Kumar Doab (FIN)     04 April 2017

It is passed.

Go thru:

THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017

NO. 6 OF 2017

[27th March, 2017.]

Shashank Raj   04 April 2017

Many thanks for all your replies. This has been very helpful.

Kumar Doab (FIN)     05 April 2017

You are welcome.


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