Hi everyone,
Please help me out with the latest policy of maternity leave policy in Punjab.
Thank you
Hey @admin28 ,
According to the act:
- A woman is entitled to 26 weeks of paid maternity leave, which can be availed 8 weeks before the expected delivery date and 18 weeks after. This is for up to the first two children.
- For the third child, the maternity leave is 12 weeks—6 weeks before and 6 weeks after delivery.
- In the case of adoption or surrogacy, the mother is entitled to 12 weeks of maternity leave from the date the child is handed over to the mother.
There are additional provisions for work from home, nursing breaks, etc., as part of the act.
However, employment laws can be updated, and specific industries or employers may have their own policies. State governments may also have additional policies or benefits.
Hope this is helpful. Check the below document for more info.
91539dd8-8190-4293-9268-e4a61a4a6a8e_maternity benefit notification.pdf (1.7 MB)
Chitra.
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FOR MAHARASHTRA ? mUMBAI
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Hi @jitendra
maternity leave policies in India are governed by the Maternity Benefit Act of 1961, amended most recently in 2017. This federal law applies across all states, including Mumbai in the state of Maharashtra.
Here are some key points about the maternity policy as per the Maternity Benefit (Amendment) Act, 2017:
- Duration: Women employees are entitled to 26 weeks of paid maternity leave. This is applicable for up to two surviving children. For more than two children, the period of leave is 12 weeks (6 weeks before and 6 weeks after delivery).
- Adoption and Surrogacy: Women adopting a child below the age of three months or commissioning a child through surrogacy are entitled to 12 weeks of maternity leave.
- Work From Home: After the completion of the maternity leave, employers may permit women to work from home if the role allows for it.
- Pre-natal and Post-natal Leave: The Act allows a maximum of 8 weeks to be availed before the expected delivery date and the remaining weeks to be availed post childbirth.
- Creche Facilities: Employers with 50 or more employees must provide crèche facilities within a prescribed distance. The mother is allowed four visits to the crèche, which also includes the regular rest intervals.
- Notification: It is the employee’s responsibility to notify their employer in writing and provide the actual date of her leave, at least seven weeks before the date on which she intends to go on maternity leave.
- Benefits: The Act ensures that women receive a maternity benefit of the average daily wage for the period of absence, which should not be less than the minimum wage rate.
- Protection Against Termination: The Act prohibits the termination of a woman during her pregnancy, except for justifiable reasons that do not include her condition.
Chitra
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Hi is it mandatory for the lady to take the pre natal leave of 8 weeks?
some may not want to take this leave and take the full benefit of leave after the child birth!
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Thank you for your response.
I have one more query, how we can process the salary of the employee who availing the maternity benefit. Shall we process by monthly basis or after maternity leave?
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Hi @kamlesh ,
In such scenario, a careful reading of section 4 of the Maternity Benefit Act is essential.
- 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 six weeks immediately
following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, 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) at the period of one month immediately preceding the period of six weeks, before
the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does
not avail of leave of absence under section 6.
This is a special beneficiary legislation to ensure a pregnant women employee’s work conditions are reasonable and balanced pre and post pregnancy.
Hence, even if the employee voluntarily prefers, it is recommended by the law, that the employer should consider and comply the above provision.
Best regards,
Bhuvana Anand
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Hi @admin28 ,
The salary of the employee will be processed on a monthly basis.
As per Section 6 (5) of the Act -
(5) The amount of maternity benefit for the period preceding the date of her expected
delivery shall be paid in advance by the employer to the woman on the production of
such proof as may be prescribed that the woman is pregnant, and the amount due for the
subsequent period shall be paid by the employer to the woman within forty-eight hours of
production of such proof as may be prescribed that the woman has been delivered of a
child.
Best regards,
Bhuvana Anand
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Thank you for your response.
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