Hiding Pregnancy In Company - Maternity Benefit
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Hiding Pregnancy In Company - Maternity Benefit

Sabslove Started The Discussion:

Hi,

I joined a new company, and got pregnant immediately. however i haven't told anyone about it as yet. now i am on my 5th month and i am on the verge of getting an appraisal in April. Also, i am not sure if i will get maternity leave as its been less than a yr since i have worked.
what should i DO?

Dinesh Divekar - Member Since: Nov 2006
Dear Sabslove,

It is important for you to give notice of pregnancy to your employer. If you are covered under ESI Act then use Form 5. Otherwise normal certificate from the Gynaecologist will also suffice.

You are eligible for maternity benefits
. If you are covered under ESI Act then you must have attendance of 70 days or more. If you are not covered under ESI Act, then you will be covered under Maternity Benefit Act. Attendance requirement for this act is 80 days.

Ok...

Dinesh V Divekar

Sabslove - Member Since: Nov 2009
hi Dinesh,

my company HR policy is listed as below:

Women employees who have completed one year or employment and a minimum of 160 days of continuous service with the company are eligible for maternity leave.

So in this case can i argue for the above?

Mahr - Member Since: Jan 2010
Dear Sabslove,

Please do not ever try to hide anything to the employer or to the management. It might give you a bigger issue later. Then you should be aware that a HR at the time of interview would have checked on to the status of the employee. If it is a female employee then he/she would check with her age, marital status, etc...

My advice would be that inform the management right away... Happy Pregnancy! :)

Mahr - Member Since: Jan 2010
Dear Sabslove,

As per your words a female employee who is minimum on to the service for 160 days is eligible for maternity leave. You said that after you joined the company you became pregnant. 160 days = Maximum of 6months. Your leave would start from your 8th month. So as per your company rule you are eligible. So don't worry... ;)

Sabslove - Member Since: Nov 2009
yeas.. but i forgot to mention here... that 160 days with the company as a permanent employee. As mentioned i have recently joined and i am still on probation period. And hence would not complete 160 days to claim maternity benefit.. that would be even used to hold my confirmation that is goin to happen in April.
Hence the worry.. however i guess i should inform them anyhow!

R.N.Khola - Member Since: Feb 2009
Dear Sabslove,

According to section 5(2) of the Maternity Benefit Act, 1961 every woman employee become entitled to receive maternity benefit if she works for a continous period of 80 days in the twelve months immediately preceding the date of her expected delivery. The company policy is contrary with the law.

With Regards,
R.N.Khola
Sr. Associate (LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361
Quote:
Originally Posted by Sabslove View Post
hi Dinesh,

my company HR policy is listed as below:
Women employees who have completed one year or employment and a minimum of 160 days of continuous service with the company are eligible for maternity leave.
So in this case can i argue for the above?

Sabslove - Member Since: Nov 2009
Sadly, my company states that since i wasnt working for a yr continuously (joined this company on Oct 2009 and was on a 2 yr break prior to that)...hence, i wont be eligible for maternity benefit. :(

R.N.Khola - Member Since: Feb 2009
Dear Member,

If you wish you can take the help of law enforcing agency i.e. the State Labour Department.

With Regards,
R.N.Khola
Sr. Associate (LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361 (O) 0124-4264449
Quote:
Originally Posted by Sabslove View Post
Sadly, my company states that since i wasnt working for a yr continuously (joined this company on Oct 2009 and was on a 2 yr break prior to that)...hence, i wont be eligible for maternity benefit. :(

somwanshi aarti - Member Since: Jun 2008
Dear Dinesh,

In my company same case is there but she is not entitled to ESI,as getting more than 15000.and in my company only 8 lady employees are there,i heard that when 30 lady employee work in company, only that company follow maternity law.is that true,and what are the other benifits that lady can get from the company, she has joined 1 month before only,and pregnent of 1 month.
tell me what to do?

Quote:
Originally Posted by Dinesh Divekar View Post
Dear Sabslove,

It is important for you to give notice of pregnancy to your employer. If you are covered under ESI Act then use Form 5. Otherwise normal certificate from the Gynaecologist will also suffice.

You are eligible for maternity benefits. If you are covered under ESI Act then you must have attendance of 70 days or more. If you are not covered under ESI Act, then you will be covered under Maternity Benefit Act. Attendance requirement for this act is 80 days.

Ok...

Dinesh V Divekar



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