Maternity Pay - Previous Company - CiteHR
Ruchithapar
Product Manager
+1 Other

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HI!
I have been working with this organization since 11th april and i conceived in 1st week of may which was un planned as else would not have left my previous company where i was employed for past 6 years...H/ever I informed my current company about my pregnancy in july end verbally ,I applied for my maternity leave in dec and went on leave from 11th jan to 13th april.H/ever I was not informed that our company doesn\'t pay salary during maternity leave...when i checked with them at the time of my salary due date they said they will check and get back to me....and now dey are stating that after checking with people in the same trade they have found out that they only need to pay if i hav worked with them for atleast a year before going on maternity leave which as per me is in correct and I\'m eligible for the pay ...Kindly advise by return
Thanks ruchi

Hi Ruchi
As per Sec.(5) of the Maternity Benefit Act 1961,You become eligible for maternity leave with wages if you put in 80 days of service with the current employer during the 12 month period before the expected date of delivery, and I assume that you had put in the required number of days by Dec.2011.Thus they cannot deny the benfit.
B.Saikumar
Hr & Labour Law Advisor
Mumbai.

Hi!
Thanks a lot for your reply!! Wanted to check couple of more points with you before going back to my employers
1.Is there any clause that there should be any minimum no of people working in the company ,then only the maternity law is applicable?
2.Also it's a company with 4 partners does dat effect the maternity act by any means...
Thanks to let me know the same.
B.regds,
Ruchi

Query No.(1)- If your establishment is a factory it should employ minimum 10 workers if it runs with power and minimum 20 workers without power.
If it is a shop or establishmnet covered under the Shops Act, minimum nummber of persons employed in such shop or establishment shall be ten or more.
query No.(2) -It does not affect.
B.Saikumar
Hr & Labour Law Advisor
Mumbai

Hi!
It's a garment buying house which has 4 partners/directors ,5 employees on roll and 2 free lancers ,h/ever the mother company has 25 + employees..They receive USD remittance for the business and all are taxes are deducted and deposited by them.
Also note in the appointment letter I received from them it states that i need to follow service rules of the mother company.
Regds,
Ruchi

from the brief details furnished by you, the fact that you have to abide by the service rules of the parent company, then the garment buying house and the parent company can be clubbed together for counting total number of employeesand thus coming under the purview of the maternity benfit Act
B.Saikumr

HI! Also what if its sep entity with 5 employees but they deduct our taxes and pay us in check and recv US remittance, As I’m not aware how there company paperwork is done. B.r Ruchi
If any employee is taking a maternity leave when we should pay her 3 months salary afetr joining or every months as per law. please help me with this query
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