Radhakrishnan N (C) 30 January 2021

Maternity leave can be taken 1 month after delivery?

Maternity leave is available upto 26 weeks and in some states upto 36 months.

Can a woman employee avail maternity leave one month after the delivery date??

For example a woman delivers a baby on 4.3.2019 ..

For writing examination she ( Govt Service Post graduate medicine) reports to the institution for 15 days after the above delivery date

Then She takes leave from April 2019.

Whether she is eligible to take maternity leave , when she did not apply for the same before April 2019 ??

Even in the case of adoption of child upto 3 months, Maternity leave can be granted from the date of adoption.

Hence to look after the child from 2 months of age , a woman needs maternity leave as per the act.

Kindly clarify

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6 Replies

G.L.N. Prasad (Retired employee.) 31 January 2021

If you are a Govt. employee, seek such information under RTI Act from DOPT, New Delhi and get such copy of O&M.

Kevin Moses Paul 31 January 2021

As per Act, to be eligible for maternity benefit(s), a woman must have been working as an employee in an organisation for a period of minimum 80 days within the past 12 months, and the payment during the leave period is based on the average daily wage for the period of actual absence.

Moreover, the Maternity Benefit Act originally provides a maternity benefit of 12 weeks (out of which - 6 weeks could be claimed before delivery).

Ritesh Maity (Labour Law Advocate) 31 January 2021

As per Maternity Benefit Act, one is entitled to 26 weeks of benefit i.e. 8 weeks pre delivery and 16 weeks post delivery. So if a woman delivers a baby on 04/03/2019, she is entitled to benefit for 12 weeks after one one month from the date of delivery.