Dear All,
I am working with the organisation since 1 year. I have to go for maternity leave and want to avail the benefit as three month salary. This is a pvt firm. Can they deny to give me the leaves as the company's name is same but the management has changed.
Please guide.
And, if they deny , what can i do to get the benefits.

From India, Delhi
They Can't deny the same.

As per Maternity Act, 1961

Eligibility: Sec 5

• Women including temporary or unmarried are eligible for maternity benefit when she is expecting a child and has worked for at least 80 days in the 12 month immediately preceding the date of her expected delivery.

Condition for claiming benefits: Sec 6

• 10 weeks before the date of her expected delivery, she may ask the employer to give light work for a month. At that time she should produce a certificate that she is pregnant.

• She should give written notice to the employer about 7 weeks before the date of her delivery that she will be absent for 6 weeks before and after her delivery. She should also name the person to whom payment will be made in case she can not take it herself.

• She should take the payment for the first six weeks before she goes on leave.

• She will get payment for the six weeks after child birth within 48 hours of giving proof that she has had a child.

• She will be entitled to 2 nursing breaks of 15 minutes each in the course of her daily work till her child is fifteen months old.

• Her employer can not discharge her or change her condition of services while she is on maternity leave.

From India, Kota
Akhilesh, If they deny to sign on the application then what should i do. Regards Upasana
From India, Delhi
Dear Upasana That is the duty of the employer to give you the permission Regards Anjana
From India, Bhubaneswar
As per Act, the employer is bound to grant such maternity leave.If they deny,You have the option to move court.
From India, Bokaro
You can move a complain to the government labour officer.
He will take it up on your behalf.
But I think you are worrying for nothing. Is the company really ethical ?
Change of owner does not matter, the company remains the same and the company is liable to pay.

From India, Mumbai
In addition to the post of Mr Akhil,the women employee is entitled for 1 month's leave with wages if she is suffering from any diseases arising out of delivery,and medical bonus of Rs 3500/- if employer is not giving any free medical assistance.
Freelance HR/LABOUR Consultant
Trivandrum 9961266966

From India, Thiruvananthapuram

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