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.
14th November 2010 From India , Jaipur
15th November 2010 From India , Koraput
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.
Krishna Prasad H N
15th November 2010 From India , Bangalore