1. It is covered under Maternity Benefit Act. 1961. Kindly read Sections, 4, 5, 6,7 and 8 of The Act for clarity. Also read Maternity Benefit (Amendment) Act. 2008, Section 8 where provision of giving medical bonus of Rs. 1000/- has been added as a progressive Amendment.
(Old Act, 1961):
(Amended Act, 2008)
2. The statute says, every women employee who is not covered under ESI are entitle for 12 weeks leave with full wages provided she has 80 days service in that Company.
3. For claiming maternity benefit a female employee is required to serve a Notice under S. 6 of the Maternity Benefit Act, 1961 in the Format as prescribed in her employment company's State Rules along with the Certificate of a Registered Doctor regarding her pregnancy.
4. Area Labour Officer is law enforcing Agency in case of legal recourse need arise.
Originally posted by : joe
Thank you very much TajobsIndia for your kind response. My question, however, related to the time period past (after) the 6+6 (i.e. 12) weeks statutory maternity leave had been exhausted,
Was wondering if any among us here were aware of any statutory provisions for such leave. ( I believe that there is a court ruling which is applicable to Central Govt employees.)
Thank you again
A. See Rule 43 (4) (b) of Central Civil Service Rules (CCSR).
B. If you can share complete chronological facts of the lady may be I can apply my mind suggesting remedy available using; Article 14, Article 15(3), Article 25(2) and Article 42 Constitution of India read with UDHR and CEDAW against scope of Rule 43 (4) (b) of CCSR.
C. Citations poping does not help where specific facts exists i.e. when you are re-replying to me only about 6+6 (i.e. 12) weeks ignoring even reading Rule 43 (4) (b) of CCSR and further not sharing what was the content of her Maternity Leave Application and whether any showcause notice served upon her or even if the woman employee asked for further extension after rejoining etc. etc.?.
And what is statutory maternity leave of 6+6 (i.e. 12) weeks you are speaking here, when I am giving you Statutory Law which says maternity leave upto maximum of 1 year is there in the Statute Books.
Court rulings are announced based on Writs filled by women employees mentioning specific facts and not generic that they can be applied in all Govt. employees maternity leave cases !