Regarding maternity leave


Hi,

I am presently working in a Indian pvt sector bank for last 7 years. Now I am 8 week pregnant . My expected delivery date is on November last week of 2021. I would like to know if I can avail maternity leave from now onwards? Secondly if I choose to leave because of not keeping well during pregnancy, can I chose to do that without having to serve the notice period? And lastly if I just resign and doesn’t show up from next day onwards what could be the implications? What needs to be done in order to obtain relieving letter in that case?
 
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Advocate

Do you want to resign or avail leave?

 
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Hi, 

i want to know both the options. In best case scenario I would like to avail the maternity leave now itself. But since my delivery date is late November I am not sure if I can avail it now itself or if I need to wait. So in case I can’t opt for maternity benefits then I would like to resign but without serving the notice period since I am not keeping well and the job itself is stressful. What are the possible options? 

 
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subregistrar/supdt.(retired)

To me, maternity leave will be granted for six months.  So it is better to apply for sick leave for some time and then join if you feel free. And if you feel stress, after some months, you can apply for maternity leave.  If that leave is not sufficient to recover your health, you may continue to leave and that extra leave may be treated as a loss of pay if all kinds of leaves exist.

 
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Retired Manager

  1. If you wish to avail of Maternity Leave it is good and you may do so as per the procedure in the organization.
  2. If you wish to resign it is always better to follow the procedure including notice period etc. as it gets recorded against you in the records of the company and in the case at a later date you wish to seek employment elsewhere also, the enquiries shall reveal the fact that you left the work without following the rules of the organisation. In case there is any amount to be paid in lieu of the notice period, the company may adjust it from the dues payable to you and sue for the balance if any. Please understand all the HR rules and regulations of your organisation.
  3. In case the notice period or amount payable in lieu of notice period is not possible to comply, you may apply for maternity leave and then as per the procedure of the company give notice and resign and exit from the organisation smoothly as per the rules.

In any case, please do study the rules and regulations under which you are appointed and the papers you have signed undertaking to comply with various other guidelines issued by the company from time to time.

 

 
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Lawyer

Maternity leave is granted post-delivery.

Before delivery you may seek medical, casual or any other leave in your credit .

Otherwise, leave without pay on extreme compassionate circumstances may be availed, which cannot be presumed by experts on this platform. 

However, resignation from the job is not advised by me.

 

 
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Advocate

1. Maternity is provided for 26 weeks. 8 weeks pre delivery and 18 weeks post delivery as per the Maternity Benefit Act. During the leave you will also entitled for medical bonus (one time) and average salary @ daily wages without any deduction. This may be provided at once or on two installment provided the requisite procedures are taken. But in case you are covered under ESIC, I don't think you can take benefit under Maternity Benefit Act, on the contrary facilities of ESIC are more than MB Act! Please do check with your HR.

2. In case you want to resign, better serve the notice period else you should get prepared for consequences like not settling of F&F amount, not providing release letter or experience letter etc.

 
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Practicing Lawyer 9918411669

Please admit, resignation is not solution of problem.

You have to manage concurrently by availing, casual leave, sick leave, maternity leave etc.. Post delivery you may avail maternity leave as well as child care leave (720 days). It is advisable to use your own wisdom, keeping in view the circumstances. 

 

 
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Retired employee.

Every bank is bound by national-level settlements and agreements with management.  Only those office bearers of Central Union can discuss with management and can offer the best possible solution without further correspondence.  Plan to discuss with them at the earliest.

 
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Advocate

You are entitled to maternity leave  in terms of the provisions of Section 5(3) of the Maternity benefit as below-

5. Right to payment of maternity benefit.-

(1) Subject to the provisions of this Act, 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.

 Explanation.--For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, 1*[the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 or ten rupees, whichever is the highest. 

(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 1*[eighty days] in the twelve months immediately preceding the date of her expected delivery: Provided that the qualifying period of eighty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

Explanation.--For the purpose of calculating under this sub- section the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twenty weeks of which not more than eight weeks shall precede the date of her expected delivery:

Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery;

As regards to stressful work, you have the option to seek non-arduous work in terms of the provisions of Section 4(3) as below -

4. Employment of, or work by, women prohibited during certain period.- (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(2) No woman shall work in any establishment during the eighteen weeks immediately following the day of her delivery or her miscarriage.

(3) Without prejudice to the provisions of section 5, no pregnant woman 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.

 (4) The period referred to in sub-section (3) shall be-- (a) the period of one month immediately preceding the period of eight weeks, before the date of her expected delivery; (b) any period during the said period of eight weeks for which the pregnant woman does not avail of leave of absence under section 5.

As regards to your intention to leave or resign from the job with or without serving notice period, it is unconnected with the benefits you are entitled under the Maternity Benefit Act and , may be, it could be a case of taking undue advantage of a beneficial legislation. 


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