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Is your company refusing Maternity leave? Here's what you can do Each establishment must strive to be a sanctum of peace for working women. Each company tries to ensure that it can offer them the security and productive environment they require. But what if when you're expecting a baby and they refuse to allow your maternity leave? Don't worry, there is a solution for this. Here's what you can do. If an employer violates the maternity benefit law and maternity rules in India then he/she is liable for punishment. The violation can be done by discharging or dismissing a pregnant employee for being absent due to pregnancy, delivery or post-natal illness. As per the Labour Law in India, the rules for maternity leave in India supports a woman employee, where she can file a case in labour court against the employer for her dismissal or discharge on account of such absence. If the employer denies maternity benefit to a female employee, the labour court can hold the employer liable to imprisonment for 3 months, fine the employer with an amount up to Rs. 5000, or both, as per the rules for maternity leave in India.

Did you know that understanding maternity leave rules in India is crucial for both employers and employees? Navigating through the complexities of maternity leave policies can be daunting but fear not! I've got you covered with a comprehensive guide that breaks down everything you need to know. Click the link below to dive deeper into the nuances of maternity leave regulations in India. 👇 https://lnkd.in/gCWidxsU #bizproutX #labourlaws #maternityleave #women #HR #HRHead #CHRO

Maternity leave why compliance is important Employee: can't you see I am pregnant? Why HR required application and proof. The simple answer to the question is that the employer has to fill the workforce gap during maternity leave and ask for documents, bonds and applications for granting maternity leave. Who is eligible? I initially thought there would be very strict and rigid eligibility criteria but it turns outbe quite inclusive! Any woman who has worked for at least 80 days in the last 12 months in an organisation with 10 and more employees is eligible for maternity benefits. Duration of the leave: The acts provide 26 weeks for paid meternity. This includes: 8 weeks for pre- delivery 18 weeks for post delivery. However, if you are someone who already has 2 or more children, then you will get a leave of 12 weeks instead of 26. Employers Responsibility: Employers are required to inform women about their rights under this act. They must ensure that the benefits are accessible and communicate clearly

#MATERNITY_LEAVE* (The Employment Code Act, 2019. Sections, 41,42 and 43) *1. Who is entiled to Maternity?* All female employees are entitled to Maternity Leave except that if the female employee has not clocked twenty four months the Maternity leave shall be unpaid leave. *2. How many days are the Maternity Leave days?* Fourteen weeks (98) days and eighteen weeks for Multiple births *3. Do you remove weekends and holidays when counting Maternity leave?* No, Fourteen weeks is based on Calendar days, the law has not removed weekends and holidays. *4. At what point does the female employee take Maternity leave?* Maternity has to be planned in such a way that the last six weeks after delivery is part of the Maternity leave. *5. Is a female employee required to fill a leave form before proceeding on maternity leave?* Yes, as guided by section 41(9) of the Employment Code Act, 2019. *6. Can a female employee resume work immediately after Maternity leave expires without certificate from a medical doctor?* No, Section 42 of the Employment Code Act, 2019 guides that a medical doctor has to certify fitness for work. *7. Can a female employee apply for leave immediately after returning from Maternity leave?* Yes, Section 41(8) guides that a female employee may immediately on expiry of Maternity leave before resuming duties and on approval from employer proceed on leave. *8. Do you just pay the Basic Pay or the Full pay to an employee on Maternity leave?* Full Pay, as guided by Sections 41(3) and 41(6) of the Employment Code Act, 2019. *9. Can an employer continue paying fuel allowance to an employee on Maternity leave?* Please follow what is provided for in the employment contract and conditions of service. *10. Question*. Does an employee on Maternity leave continue accruing annual leave days? Please share your thoughts and practice. Best Regards Kennedy AZIHRM

Do you have any pregnant employees? Are you looking to appoint a person to covery maternity leave? Do you understand the law around ending contracts early? Check out our recent article: ‘Can I End A Fixed-Term Contract Early That Is Covering Maternity Leave?’ https://lnkd.in/eWhZQdrk #hradvice #hrsupport #fixedtermcontracts #maternityleave #pregantemployees #employmentlaw #hrconsultancy

How much salary do women get on maternity leave -full salary or basic? A woman can take maternity leave under Indian laws which is considered as a paid leave. However, not many women are aware about the amount of salary they will get, maximum number of leave allowed and for how many children the maternity benefit is allowed. The maternity leave is governed by The Maternity Benefits Act, 1961 and The Maternity Benefits (Amendment) Act, 2016. ET Wealth decodes the benefits the woman can get as per both the act. "The Section 5 of the Maternity Benefit Act, 1961, entitles a woman on maternity leave for payment of the maternity benefit from her employer. The payment is calculated based on her average daily wage for the period of her actual absence. This is the average of the wages she earned during the three calendar months immediately preceding the date from which she absents herself on the account of maternity. In simple terms, a woman is entitled for full salary in her maternity leave period which includes basic salary and other allowances during the period she is on leave.

Did you know that understanding maternity leave rules in India is crucial for both employers and employees? Navigating through the complexities of maternity leave policies can be daunting, but fear not! I've got you covered with a comprehensive guide that breaks down everything you need to know. Click the link below to dive deeper into the nuances of maternity leave regulations in India. 👇 https://lnkd.in/gXX35evZ #bizproutX #labourlaws #maternityleave #compliancemanagement

Maternity leave why compliance is important Employee: can't you see I am pregnant? Why HR required application and proof. The simple answer to the question is that the employer has to fill the workforce gap during maternity leave and ask for documents, bonds and applications for granting maternity leave. Who is eligible? I initially thought there would be very strict and rigid eligibility criteria but it turns outbe quite inclusive! Any woman who has worked for at least 80 days in the last 12 months in an organisation with 10 and more employees is eligible for maternity benefits. Duration of the leave: The acts provide 26 weeks for paid meternity. This includes : 8 weeks for pre- delivery 18 weeks for post delivery. However, if you are someone who already has 2 or more children, then you will get a leave of 12 weeks instead of 26. Employers Responsibility : Employers are required to inform women about their rights under this act. They must ensure that the benefits are accessible and communicate clearly.

This article explores how to support employees on maternity or paternity leave, and how your business can thrive through this period by effectively managing the transition. Read more 👉 https://lttr.ai/AXk1d #MaternityLeave #SupportEmployees #PaternityLeave

MATERNITY LEAVE (The Employment Code Act, 2019.Section 41 and 42) 1.Maternity Leave. A female employee who remains in continuous employment with the same employer for twenty four months immediately proceeding on maternity leave is entitled to full pay upon production of a medical certificate . (Section 41(1)(,3)). 2. What happens to those female employees who has not clocked 24months with the same employer? All female employees are entitled to Maternity Leave, however, if the female employee has not been in employment with the same employer for twenty four months, the female employee is not entitled to a paid maternity leave. 3. Can such female employees still get maternity leave and what happens to the salary? Yes they are entitled, but it will be unpaid for, meaning there will be no salaries at the end of the month until they resume work. 4. What is unpaid leave? Un paid leave means that an employee is given permission to go on leave but no salary shall be paid. 5. Miscarriage vs Maternity Leave A female employee who remains in continuous employment with the same employer for a period of twelve months and suffers a miscarriage  or bears a still born in the third trimester is entitled to full pay and is entitled to six(6) weeks leave (Section 41(6)) 6. Does a female employee on maternity leave accrue annual leave days? Yes , if the employee is on paid maternity leave and no if on unpaid leave 7.What happens to a female employee who gives birth to a premature child? A female employee who gives birth to a premature child is entitled to an extension of the maternity leave for a period that shall be recommended by a medical doctor. (Section 41(5)) 8. How long is maternity leave? It is 14 weeks (section41(1)) and can be extended for further four weeks in case of multiple birth (section 41 (1)(2)) 9. Can a female employee proceed to take annual leave after expiration of maternity leave? Yes , provided she still has accrued leave days. What is your take on maternity leave. Your humble servant Victor musonda #ECA #Knowyourrights #femaleemplyees