Pon1965
Construction
Kknair
Hr, Ir, Law, Disc. Matters
Nehu3008
Human Resources
Adv.Viju
Advocate
Vaneeta
Manager - Pr
+2 Others

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Hi All,
I have been reading articles on Maternity Benefit and need clarity on the eligibilty.
My query is what is the minumum length of service required with the employer to claim for Maternity Benefits (Leave) at a Private organisation (Maharashtra).
1:
a: I have attached a Maternity Benefict Act, 1961 policy document which was shared in one of the threads. As per this doc, the woman employee has to have a minimum service of 165days with the employer to claim for the Maternity benefits.
Also checked the act below
bombayhighcourt.nic.in/libweb/acts/1961.53.pdf
2
a:However when I visited the Indian Labour Law website, it stated minimum length of service should be 80days.
Link :
labour.nic.in
labour.nic.in/women/WomenCell.pdf
Request seniors and experts to help clarify this.
Thanks & regards
Ruchie

From India, Pune

Attached Files
File Type: pdf Maternity Benefit Rules.pdf (36.0 KB, 1139 views)

Dear Ruchie, The amended position of law is that a minimum service of 80 days is the pre-condition. See Section 5(2) of the Act. This amendment came into effect from 10.01.1989.Regards KK Nair
From India, Bhopal
The Matenity benefits are eligible for the woman who has worked for her employer for at least 80 days in the 12 months immediately proceeding the date of her expected delivery.
From India, Mumbai
Maternity Benefits can be availed only if your organization is covered under ESIC Act... In such case, you will be obliged to submit all the neccessary documents for Maternity Act in any way.
From India, Mumbai
MB act does not specify the no. of children. But Pvt organisations restrict the benifits to only 2 kids. Pon
From India, Lucknow
No, the approval is only for two children for availing maternity benefits under ESIC Act 1948.
From India, Mumbai
No it is not like that. If your organization is covered by the E.S.I. Act, the maternity benefit act has no application in your establishment. That risk is covered by the E.S.I.Scheme and you have to approach for benefit under the E.S.I. Scheme. One more thing to remember. You have to be with in ceiling limit of the E.S.I Scheme to avail the above benefit. As you know the ceiling limit under the E.S.I. Scheme if Rs. 15,000/- per month as of now. To avail maternity benefit under the E.S.I. Scheme you will have to be in insurable employment prior to the expected date of delivery for 9 month. Further if your establishment is not covered by the E.S.I. Act or a particular employee is not covered under the E.S.I. Scheme then Maternity benefit Act comes into play. I hope i have made it clear
All the best.

From India, Palakkad
Dear Sir, Eligibility for Maternity Benefit is 80 days of service. There is no restriction for times of leave for Maternity benefit. D.Gurumurthy LL.HR & IR Consultant
From India, Hyderabad
Dear friends
One of my colleagues was forced to tender her resignation when she applied for maternity leave, she had been working in our organization for the past at least one year. No one in the organization is ready to take up her cause.
she has already resigned and left (as she was almost 8months pregnant). What can be done in such a case.
Please guide.

From India, New Delhi
Dear VANEETH,
One thing clear me that your got her resignation letter..? If your does't received her resignation that call back her and process it for the Maternity Benefit,or if she submitted than talk with management for the refuse her resignation and carried with her permission..!
All the Best..

From India, Hyderabad

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