Sir I have experienced a peculiar incident where I am working. A women employee is working in a PSU and that too she is employed in a company dispensary/hospital. She was pregnant and she availed all medical benefits as per rule and her EDD has been declared by treating physician for example 09.11.2010 which has also been recorded in her Medical book . As per Maternity benefit Act 1961 total 12 weeks Maternity leave will be granted to female employee i.e. six weeks before and from the date of EDD and six weeks post delivery. Now the female employee submitted her notice/ application for maternity leave indicating her date of EDD duly forwarded by Controlling Officer on 29.10.2010 and accordingly the same has been granted by the Management and accordingly conveyed the same to the female employee in writing computing six weeks from the date of EDD( i.e. EDD on 09.11.2010 six months before means her ML will be reckoned from say 05.05.2010) but now the female employee claiming that she is still able to perform her regular duty and she intends to adjust the leave which has been communicated to him from 5.5.2010 after her delivery as at that time she requires leave . Though there is no provision for such adjustment in the MB Act. My question is that whether such request can be considered by the management or whether such leave can be adjusted after her delivery. Kindly help in detail
3rd November 2010 From India , Koraput
As per Section 5(3) of MB Act: The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:
From the bare reading of the above provision, it appears that ML should not be granted six weeks before EDD but nothing can prevent to grant ML within six weeks before EDD i.e. even same day of Delivery falls within six weeks of Delivery or falls within not more than six weeks preceding the date of her delivery. Therefore, Twelve Weeks ML from her Delivery is legally permissible. It cannot be like exactly six weeks before delivery and six weeks after delivery.
kadalirao

14th November 2010 From India , Jaipur
Sir I appreciate your reply but I am still in confusion. My question was whether pre-maternity leave i.e. six weeks before from the date of EDD can be adjusted as per request of female employee after her delivery. Is there any such provision the M.B. Act as the female employee has already performed her regular duty till the communication of her M.L. Kindly reply.
15th November 2010 From India , Koraput
Hello,
There is a flexibility to avail the maternity leave 12 weeks depending on the employees requirement. Beyond 12 weeks if still she required it has to be on medical ground and it should be certify by the ESIC doctor and same will be treated as sickness benefit. And if she still required few more days leave and it the management to be consider on case to case basis and also management can decide to adjust any other leave like PL. SL, EL if any balance is there or loss of pay can be adjust depending on the management policy and also the proper reason for extending the ML.
Regards.
Krishna Prasad H N
15th November 2010 From India , Bangalore
12 weeks ML from the date of delivery is legally permissible as commented in my first reply or from the date falling within six weeks preceding EDD which ever is earlier. kadalirao
15th November 2010 From India , Jaipur
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