Madhu.T.K
Industrial Relations And Labour Laws
R.N.Khola
Labour Laws & Ir
+3 Others

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Dear Seniors,

Requesting your expert advise on further steps for the below case

One of my friend is working for a consulting firm in bangalore but regustered in Tamil Nadu (Not sure whether the bangalore office is registered). She has worked in the company from April 2011 and has gone on leave due to Maternity from Dec 11 (Feb 10 Expected date of delivery). LOP was applied for the leave taken and when asked for salary, the employer has told that Maternty benefit is applicable only when the emplyee has worked for 12 months in the company. Also for applicable employees it will be paid only after joining.

Maternity benefit for my friend is completely denied. Employer's email below.

"It Read like below

Twelve months she should have employed with us in that 80 days working day is enough

not just 80 working days. To explain furhter

law says as below

A Female employee who had employed for 1 yr before her delivery in which she worked 80 working days

can claim 6 weeks payment in advance and 6 week payment after proof of delivery need be submitted to employer

and that is after joining back on duty after delivery "

Please advise how to proceed with this.

Thanks & Regards
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Denial of Maternity leave is a serious issue, let her approach concerned Assistant / Deputy commissioner of labour so that she will be getting the benefit. Regards - kamesh
Dear Darryl,
Any woman employee who has worked for 80 days in the preceding year before expected date of delivery is eligible for maternity Benefit.
She is also eligible for getting the advance. and dues after delivery(after 48 hours of child birth).
Check with your friend.
Has she given notice to the employer regarding the maternity leave.(Since you have said she has been marked LOP - she has not given any notice else taken the leave before 6 weeks of DOD)
Is she eligible for ESI. - if eligible she can get the wages from ESI dept by applying form 21 and form 23.
Since it is a consultancy the employer would have decided she would quit after the child birth. ask your friend to speak with the employer and explain.
If she is going to continue in the same consultancy ask her to take care of medical expenses and claim from the company else she is legally sound to sue on the employer and also eligible for hardship compensation caused during delivery if she wishes.
Thanks Kamesh and Shenbagarajan,
The expected DOD is Feb 2012. She has proceeded on leave from last week of Dec 11. She has sent an email (officially) to the employer in the 1st week of Dec 11.
Company is not covered under ESI (though no of employees earning below 15k GPM is more than 10). even if covered she is above the ceiling wage.
She may first speak to reporting/leave sanctioning authority, then bring the facts in the notice of her appointing authority. She may submit the leave application on leave application format.
A little persuasion citing facts shall help.
If nothing works she may lodge her complaint.
Your understanding is correct and she is eligible to 12 weeks salary as maternity benefit plus Rs 1000 as medical bonus if she has worked for 80 days during the period of 12 months from the expected date of delivery.
Regards,
Madhu.T.K
seniors,yes its true that all expectant mothers deserve a matenity leave,however,a person to qualify for amatenity leave must have served for at least one year in the company according to the labour laws in our country.well did she inform the head before going on leave?let it be mutual understanding between the employer and the employee on matenity confinement payment.
Is it necessary to have served one year in the company to avail maternity benefit. Please provie clarity on the same. Is it 80 days or 1 year.
Sir,
Is it necessary that the employee should be employed for 12 months in the company prior to her expected DoD. Little confused.
Please let me know if the employee is eligible for Maternity as per law based on the below dates.
Date of Joining in the company: 10 April 2011
Expected Date of Delivery: 10th Feb 2012
Notice given to employer on Maternity: 10th Nov 2011
Date of Proceeding on ML: 30th Dec 2011
No of Days Worked: more than 120 working days from DOJ - Date of proceeding on ML.
Please let me know on the eligibility.
Thanks
Dear darryl.mcc
The woman should have worked in the establishment from which she claims maternity benefit for not less than eighty days during the twelve months immediately preceding the date of her expected delivery.
With regards
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