Dear All,
I have been terminated from work before I could claim my maternity benefit. Can anyone give legal advice on whether I can still claim maternity benefits? I have worked in this company for 1 year and 20 days until the date of termination, and I do not fall under ESI. I have reviewed the Maternity Act which states this, so please advise. I have been offered 3 months of basic salary in lieu of termination.
- Sec 12 (2) (a), The discharge or dismissal of a woman at any time during her pregnancy, if the woman would have been entitled to maternity benefit or medical bonus as per section 8 but for such discharge or dismissal, shall not deprive her of the maternity benefit or medical bonus. Provided that where the dismissal is for one or more of the following acts, the employer may, by written order, communicate to the woman, depriving her of the maternity benefit or medical bonus, or both:
(i) willful destruction of the employer's goods or property;
(ii) assaulting any superior or co-employee at the place of work;
(iii) criminal offense involving moral turpitude resulting in conviction in a court of law;
(iv) theft, fraud, or dishonesty in connection with the employer's business or property; and
(v) willful non-observance of safety measures or rules on the subject or willful interference with safety devices or firefighting equipment.
Thank you.
From India, Mumbai
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I have been terminated from work before I could claim my maternity benefit. Can anyone give legal advice on whether I can still claim maternity benefits? I have worked in this company for 1 year and 20 days until the date of termination, and I do not fall under ESI. I have reviewed the Maternity Act which states this, so please advise. I have been offered 3 months of basic salary in lieu of termination.
- Sec 12 (2) (a), The discharge or dismissal of a woman at any time during her pregnancy, if the woman would have been entitled to maternity benefit or medical bonus as per section 8 but for such discharge or dismissal, shall not deprive her of the maternity benefit or medical bonus. Provided that where the dismissal is for one or more of the following acts, the employer may, by written order, communicate to the woman, depriving her of the maternity benefit or medical bonus, or both:
(i) willful destruction of the employer's goods or property;
(ii) assaulting any superior or co-employee at the place of work;
(iii) criminal offense involving moral turpitude resulting in conviction in a court of law;
(iv) theft, fraud, or dishonesty in connection with the employer's business or property; and
(v) willful non-observance of safety measures or rules on the subject or willful interference with safety devices or firefighting equipment.
Thank you.
From India, Mumbai
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The matter was discussed at length earlier. It is illegal to discharge a woman worker during pregnancy. However, the responsibility of proving that the employer's motive behind such discharge was to deprive her of her rights under the Maternity Benefit Act lies with the employee.
Regards,
Madhu.T.K
From India, Kannur
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4526Regards,
Madhu.T.K
From India, Kannur
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You are eligible to get the maternity benefit as per the law. Even without ESI benefit, the act is applicable for maternity. Regards Ananda Kumar KG
From India, Madras
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From India, Madras
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Hi,
Surely, you can avail of your ESIC benefits. As per our government policy, employees who resign or are terminated during pregnancy will be covered by ESIC until the baby is born.
If you have any queries regarding this issue, please feel free to call me on my mobile number anytime: 99418-39390.
Regards,
Lakshmanan M
From India, Madras
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Surely, you can avail of your ESIC benefits. As per our government policy, employees who resign or are terminated during pregnancy will be covered by ESIC until the baby is born.
If you have any queries regarding this issue, please feel free to call me on my mobile number anytime: 99418-39390.
Regards,
Lakshmanan M
From India, Madras
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Maternity Benefit - claim.pdf
Online Claim for Maternity Benefit.jpeg