Dear Senior Professionals,

My company wants to allot only three weeks of Maternity Benefit Leave to a female employee.

According to law, it cud be max to twelve weeks, six weeks each pre and post delivery.

Do you think the policy of my company looks fine?

Regards

Bindu

Dear bindu,
As per Maternity Benefit Act, 1965 all female employees who have put in 240 working days are eligible for 12 weeks maternity leave (taken 6 weeks prior & 6 weeks post delivery or 12 weeks post delivery) as the case may be. It is also applicable for abortions, miscarriage wherein 6 weeks is granted. All companies covered under Factories Act or Shops and Establishments Act must adhere to the MB act. If your orgn fails to do so
there is possibility that she can approach the court. So be careful before enforcing anything.

Cheers

shawn

Dear Bindu, 

As Per Section 21 of Maternity Benefit Act, 1961;

(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this Act he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees :
Provided that the court may for sufficient reasons to be recorded in writing impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.

(2) If any employer contravenes the provisions of this Act or the rules made thereunder he shall if no other penalty is elsewhere provided by or under this Act for such contravention be punishable with imprisonment which may extend to one year or with fine which may extend to five thousand rupees or with both :

Provided that where the contraventions is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered the court shall in addition recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto.

I hope it will help you.

Regards

Prof Tandon