Partner - Risk Management
[email protected]
Finance Manager
Adv. Manoj Liyonzon
Lawyer, Chennai
Sirisha Rani
Deputy Manager -hr
+3 Others

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Dear Sir,
I am working in my company since last two and half years, and now my EDD date is very near, I have put a maternity application mail to my HR department a week back but till date I didn't got any response. And in my company they don't provide maternity leave, Please suggest me what kind of action I can take against them.

From India, Delhi
If you are covered under ESI Scheme, you will get the maternity benefit from ESI. If not the employer has to give 12 weeks leave to you for maternity with full pay.
For this, you have to request the management repeatedly and take leave for maternity.

From India, Hyderabad
Apart from what Gurumurthy has advised, you can send an application to avail the Maternity Benefits to the HR, get the same acknowledged and proceed for the 6 weeks leave. If the employer refuse to give the MB you can approach the competent authority for such denial.
From India, Ahmadabad
Dear Gurumurthy, We are not covered under ESI Scheme. Please let me know to whom I have to approach? Dear Vadodra, To whom I have to approach?
From India, Delhi
[QUOTE=kanu123456;2134418]Dear Gurumurthy,
We are not covered under ESI Scheme. Please let me know to whom I have to approach?
If you are not covered under ESI,company is liable to pay Maternity benefit of full salary along with 6 weeks leave.
You need to submit leave application along with the doctor prescription of DOD to HR dept and can go on leave for 6 weeks.(3 weeks before DOD and 3 weeks after delivery)as u wish.
As per Act,company has to pay some amount of maternity benefit before going on leave.
But some companies are paying after the employee rejoins after the ML.
Every company has to give Maternity Benefit along with leave for women employees who are not covered under ESI act.
Check Act for details and how to claim from them.
All the best.

From India, Hyderabad
As mentioned earlier you first send your application to HR and get it acknowledged thereafter proceed for leave, once you join back and If the HR refuse to give the Maternity benefit then we will advise further step, but it is too early to take action, this is my view.
From India, Ahmadabad
Frankly speaking, as soon as you knew that you are pregnant you should have informed to HR Department as well as your boss with a doctor certificate on the EDD. If that was done, you would had enough time to check the available options. Nevertheless, every company has to provide maternity leave as per the maternity act. Please personally speak to your HR Department and check the company HR Manual and leave benefits.

From India, Madras
Dear Kanu,

First of all I wish you a very happy motherhood. Enjoy the feeling and leave rest to Acts & provisions.

As rightly suggested, you should approach your HR Deptt. personally along with an application informing about the EDD duly confirmed by the treating Doctor. If they do not grant your maternity leave and give whimsical reasons, just get the application received in the Central Dak Receipt section and obtain a token thereof to prove your claim to have submitted the application with department. Pl do mention the actual date of your commencement of leave and date of return from leave after expiry of 12 weeks. If you so like, you can send a copy of it to higher authorities as per organization profile in your establishment. BUT PLEASE OBTAIN ACKNOWLEDGEMENT OF IT.

Proceed on leave without any second thought. Though there is provision of payment of 6 weeks salary/wages in advance, but practically management pays maternity leave salary/wages as per their payment cycle. If the management is fair, they will pay leave salary/wages alongwith others in a routine manner. If they fail, they will have to pay in totality after you resume duty. Pl refer to Sec.6 of Maternity Benefit Act, 1961 to get a clear guideline. Just ensure that you are not employed or engaged in some activity which generates some income during the maternity leave period. Because if the management has sufficient proof to prove this, you will not be entitled to benefit under the Act.

In case of with holding of payment for invalid reasons, (other than those provided in the Act), you can make claim before the Inspector appointed under the Act. Pl refer to Sec.17 of the Act.

Hope the position, rights and obligations have been made clear.

AK Jain

From India, Jabalpur
Denial of Maternity Benefit (including leave for 90 days 0r 12 weeks or 3 calender months) is negligent of Article 14,15, 38,39 & 42 & Maternity Benefit Act 1961.
-When Under Sec 6, application made by women for maternity benefit, if denied is unlawful.
-So once again post a registered mail attaching acknowledgement card to the HR, stating your status
thru earlier application & to grant maternity benefit, failing the same shall be obtained thru approaching
Labour Commission.
-Supreme court judgements clearly condemns the denial of maternity benefit

From India, Chennai
I thought you are supposed to get 6 weeks before and 6 weeks after the delivery, not 6 weeks in total...
From India, Mumbai

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