• Maternity salary in Maharashtra

If a female is working in minority school and is pregnant. Does he get salary for her maternity leave period from school management and what is the period of leave which she avails. Is it 6 months or 9 months. Also let me know any judgement is there in regards of it by supreme Court or high court of Bombay
Asked 4 years ago in Labour

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11 Answers

Mam there is a complete act with the amendmnet Maternity benift Act and Maternity benefit Amendment Act, 2017 a 26 week maternity paid leave can be availed under the Act.

http://www.advocatekhoj.com/library/bareacts/maternitybenefits/index.php?Title=Maternity%20Benefit%20Act,%201961

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Maternity benefit act is applicable on this unaided school in case the total strength of teaching and non-teaching staff is more than.

2. She is entitled to 26 weeks leave with pay.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You are entitled to 6 months maternity leave

2) The Maternity Benefit Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks.

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hi,

You may get 6 months of paid maternity leave.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of the average daily wage for the period of her actual absence.

The (Maternity Benefits)MB Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the MB Amendment Act, this benefit could be availed by women for a period extending up to 8 weeks before the expected delivery date and remaining 18 weeks can be availed post childbirth. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).

Maternity leave for adoptive and commissioning mothers: The MB Amendment Act extends certain benefits to adoptive mothers as well and provides that every woman who adopts a child shall be entitled to 12 weeks of maternity leave, from the date of adoption.

Work from Home : The MB Amendment Act has also introduced an enabling provision relating to "work from home" for women, which may be exercised after the expiry of the 26 weeks' leave period. Depending upon the nature of work, women employees may be able to avail this benefit on terms that are mutually agreed with the employer.

Creche facility: The MB Amendment Act makes creche facility mandatory for every establishment employing 50 or more employees. Women employees would be permitted to visit the creche 4 times during the day.

Employee awareness: The MB Amendment Act makes it mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment

Citation

Ammini Amma

vs

The Managing Director on 9 February, 2011

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello,

According to the Maternity Benefit Act female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. Out of these 12 weeks, six weeks leave is post-natal leave. In case of miscarriage or medical termination of pregnancy, a worker is entitled to six weeks of paid maternity leave.

This applies to minority institutions also.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

As per the amendment made to the Maternity Benefit Act in 2016, the maternity leave duration allowed is now 26 weeks.

To be eligible for the Maternity Benefit Act, a woman must have been employed at the establishment for at least 80 days in the last 12 months.

A pregnant employee can start her maternity leave up to 8 weeks before the delivery due date.

Applies to establishments in which ten or more persons are employed all over India.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Circular 011/2011

MATERNITY PROTECTION ENTITLEMENTS FOR REGISTERED

TEACHERS

In Recognised Primary and Post Primary Schools, the Minister for Education and Skills directs you to implement the regulations and procedures regarding Maternity Protection Entitlements for eligible registered teachers employed in an approved teaching post funded by monies provided by the Oireachtas. These procedures apply to

teachers who are in receipt of incremental salary under a permanent contract, contract of indefinite duration (CID), or fixed-term contract (e.g. temporary whole-time (TWT), regular part-time (RPT)) as defined in the Protection of Employees (Fixed-Term Work) Act 2003.

As per the above circular:

All pregnant teachers, who give birth to a live child, or who reach their 24th week of pregnancy, are entitled to 26 weeks maternity leave and 16 weeks additional unpaid maternity leave. Teachers should apply for maternity leave,, at least 6 weeks in advance of commencement of the leave.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1) Under the Maternity Benefits Act of 1961, a women employee is entitled to maternity benefits at the rate of her average daily wage for the period of her absence, for a maximum period of 12 weeks. She can claim Maternity Leave only if she has worked at least 80 days for her employer in the last 12 months. HR policies for Maternity Leave vary from company to company. Please Check with the HR department of your company to find out more about its policy on maternity leave.

2) The average daily wage means the average of her wages during the three month period immediately before her maternity leave starts.

3) The law also states that from 10 weeks before women’s employee due date, she will not have to do arduous work, stand for long hours or be asked to do any other work that may cause problems. A working woman also has right to ask for light jobs during pregnancy for eg., jobs that does not require long standing hours or work in section where hazardous substances are not used as per maternity benefit act.

3) If women employee miscarries, she is entitled to six weeks of leave and wages.

4) A proposal to increase maternity benefit to a woman covered under the Maternity Benefit Act, 1961, from existing 12 weeks to 26 weeks, is under consideration of the Government.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Please note that sanctioned leaves with pay and rest of the leaves without pay.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

This is my response to you:

1. India passed the Maternity Benefits (Amendment) Act, which extended paid maternity leave to 180 days;

2. Also the Maharashtra government increased the maternity leave from 12 to 26 weeks;

3. You will be eligible for the 26 weeks time period;

4. Although the government was ready to offer extended maternity leave but has not taken the decision on the same.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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