If the employee who takes leave first is pregnant or gives birth, they may start their leave up to 6 weeks before the expected date of birth, or earlier if the employer and employee agree. ... Concurrent leave is unpaid parental leave .
Commencement of Maternity leave post delivery
Sir my wife is working as guest teacher (TGT-Maths) in GNCT Delhi since March 2018 and she has worked for 303 days in total till date (in past 12 months). She bacame a mother of first baby on 02 July 2019. She was releived from 10th May 2019 from the school on 30.06.2019 and meanwhile she did not went to school due to summer vacations of schools. Now as per re-deployement order dated 01.08.2019 of GNCT Delhi, she has again joined her duty on 03.08.2019. Now the principal of the newly joined school saying that you should have applied for maternity leave before delivery therefore, you are not entitile now to avail maternity leave. Please suggest as per rules whether she is entitled for maternity leave under Maternity Act or otherwise?
Asked 6 years ago in Labour
10 Answers
sir i am asking simply that can maternity leave be applied after delivery ?
Asked 6 years ago
No.
The Maternity Benefit Act originally provided maternity benefit of 12 weeks, out of which up to six weeks could be claimed before delivery.
2) In 2017, the law was amended to extend the period to 26 weeks. Out of the 26 weeks, up to eight weeks can be claimed before delivery. However,you can instead take the entire 26 weeks of leave after the delivery.
you can apply maternity leave after delivery of child
Out of the 26 weeks, up to eight weeks can be claimed before delivery. However, you need not structure your leaves in this manner, instead take the entire 26 weeks of leave after the delivery but paid maternity leave can be availed 8 weeks before the expected date of delivery.
Women are entitled to 12 weeks of maternity leave, of which at least six weeks must be after delivery, where the woman employee has worked for 80 days in the 12 months preceding her delivery date.
She is eligible for the matternity leave if she has worked for 80 days in last 365 days
Under the Maternity Benefit Amendment Act, this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and the remaining time can be availed post childbirth.
As per Maternity Benefits Act 1961, Act Under The Maternity Benefits Act,1961
The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks in all whether taken before or after childbirth. However she cannot take more than six weeks before her expected delivery.
In 2017, the law was amended to extend the period to 26 weeks. Out of the 26 weeks, up to eight weeks can be claimed before delivery. However, you need not structure your leaves in this manner—you can instead take the entire 26 weeks of leave after the delivery.
- As per the information mentioned in the present query, makes it clear that he principle is not aware about the recent amendment in the act of maternity law.
- There was previously six months in totality inclusive of prior period and later period of delivery.
- Now, the same has been extended by 12 months.
- And there cannot be the ground that first we need to apply for first phase then for the second as it is on the face of the time that she has delivered the baby and need time now also and that the reason for putting it in this way by the government as first phase and then second phase which is after delivery.
- You need to act in accordance with law by sending a legal representation to the principle so that principle would also see the law.