The Maternity Benefits Act - CiteHR
R.N.Khola
Labour Laws & Ir
Malikjs
Gm (hr)
+4 Others

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
The Maternity Benefits Act, 1961 states that "No woman shall be entitled to Maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 2[eighty days] in the twelve months immediately preceding the date of her expected delivery"


What about a lady working on an ad-hoc basis with an appointent of 180 days, will she get the benefits of this Act.

Dear
Yes. Plz see that this Act is applicable to the unit where she is working. According to the definion of "woman" means a woman employed, whether directly or through any agency, for wages in any establishment. This shows that ad-hoc woman employee will also be entitled to this benefit.
Opinion submitted as requested.
Regards,

R.N.Khola



(Labour Law & Legal Consultants)
09810405361

Hi, I have a question. A woman has joined our company last week. She declared that she’s 5 weeks pregnant today. Can she be terminated on the grounds of flausifying information? - Smita
dear smita
i woiuld like to ask you one question that have u asked her before joing ,whether she is pergnant.why u have asked declaration today ,which u can not supposed to do.
you can not terminate somebody because she is pregnant.
tks
j s malik

hello, respected Mr. R. N. Khola, I need urgent advice of urs,
i m a doctor and working in one of delhi govt hospitals on adhoc basis, my contract is of 89 days and is renewed after break of one day, i m working in hospital from 31st october 08 and twice my contract has been renewed d latest extention is till 26th july 09. i m pregnant and is my expected date of delivery is 25 july 09, am i eligible for d maternity benefit leave under d maternity benefit act 1961? (As my last working day is 26th july 09 according to current extention order) i want to avail maternity leave from 25th june 09( at this date i will be working for this hospital from approx. 8 months in d preceding 12 months), can it be possible? if i m eligible, how will it be materialised? currently d administration is providing maternity paid leave to adhoc employee, only if she has her due date with in her extention period eg. currently a nurse delivered a baby while she had 2 months left in her current extention period, so they gave her 2 months paid leave, but now she will hv to join n work. my case is worse as my due date is 25th july09 and my last working day is on 26th july09 so according to administration i wont be getting any leave, in such a case what shd i do, plz guide me, i need urgent help n guidance of urs. i will be much obliged.
thank u in anticipation

R/Madam,
First of all we are to examine whether The M B Act, 1961 is applicable or not to Govt. hospitals? Section2 of this Act says that the Act applies to such establishments belonging to the Govt. but after going through the definition of the establishment your Govt. hospital does not seems to be covered under this Act unless a notification is issued in this behalf by the Govt. Thus you are only eligible to get the benefit if any, under the CSR if applicable or by the administrative instructions of the department issued for such like appointments. Please enquire whether the staff nurse have availed the benefit under this Act or not & if the answer is yes then I will again give my opinion accordingly.
Opinion submitted as requested.
Regards,
R.N.Khola


(Labour Law & Legal Consultants)
09810405361

i have seen d memorandum of Swasthya sachivalaya delhi, which says that maternity benefits will be provided to the contractual employees as per maternity benefit act.
R/Madam,

As Mr.Malik has said on your another query that this M B Act, 1961 does not differentiate any regular or ad-hoc employee in granting benefit but at the same time it is clarified that the total benefit under this Act is for only 84 days if applicable out of which 42 days before the date of expected date of delivery & 42 days after the date of delivery. As you have written that regular employees are getting six months maternity leaves then it shows that these leaves are given under civil service rules or by the administrative instructions of the department & not by virtue of this Act. To be on safer side you may approach the nearest Delhi Govt. Labour Office for seeking this clarification on the subject. Now both the situations are before you. I donít have the instructions of the Govt. / department. As I have already written the department may have given instructions for such type of time bound appointments.
Regards,
R.N.Khola


(Labour Law & Legal Consultants)
09810405361

i have taken opinion from various sources.
i may not be eligible for 6 months leave but certainly i am eligible for maternity benefits as per provided by maternity benefit act 1961 with ammendments made in 1989.
thank u again for giving ur valuable time.

R/Madam,
The ESI Wage limit is now Rs. ten thousand. I have also this MB Act with me & I have gone through the applicability chapter & thereafter I have given my advice accordingly. After visiting the office of Labour Department you should give your attention to the instructions of the department.
Regards,
R.N.Khola


(Labour Law & Legal Consultants)
09810405361


This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Coô