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Maternity leave not being given by Indian company on foreign land


08-Aug-2023 (In Labour & Service Law)
I work for a reputed IT company. Currently deputed to Singapore from Apr 2016. I am also 34 weeks pregnant now. There is no Maternity policy for on-site associates in Singapore. As per discussion with HR, it was agreed i can continue to work and apply for India Maternity Leave without travelling to India loosing my work visa and becoming Dependent on my husband's visa. This was last discussed on 12 Apr 2017. Now in July when I shared my final leave plan, they say now I can't do that and to claim the 26 weeks India benefit I need to travel to India. I am already 34 weeks pregnant and can't risk travelling. As concession they say I will be given only 12 weeks of India maternity leave as was earlier practice and after that I resume back in India.What should I do now?
Answers (2)

Answer #1
975 votes
The MB Amendment Act regulates paid maternity leave entitlement and other related benefits for women employed in factories, mines and shops or commercial establishments employing 10 or more employees.
• Increased Paid Maternity Leave: The 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 option: 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.
• Crèche facility: The MB Amendment Act makes crèche facility mandatory for every establishment employing 50 or more employees. Women employees would be permitted to visit the crèche 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.

Answer #2
688 votes
you should must get the maternity leave benefits as per the provisions on Indian maternity b act . you have deputed for singapor so the service rules are contrary to legal maternity benefits right. so you should approach to indian ambassy also . company practice should be illegal as per the maternity benefits act . this kind of serious illegal act and haressament done by the manegar .it is not required to to travel . this leave be obtained or sanctioned later on also.but you should be informed to your concern authority now by mail also.

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