Madhu.T.K
Industrial Relations And Labour Laws
Tushar.swar
Manager - Human Resource
Pon1965
Construction
+1 Other

Thread Started by #arbuneshrads

I am working in a Pharmaceutical Company in HR dept since more than 4 year. I proceeded on Maternity leave on Apr 13 till Oct 13. My employer is not giving me the maternity benefit and now had agreed to pay only 1.5 months gross salary which is refused to accept.
Can you please help how i shall proceed for getting the justice???
17th May 2014 From India, Pune
As per MB Act, you should get 12 weeks maternity leave benefits. Just show them the Act and request. Sometimes, the HR persons are not accustomed on all applicable Acts. Pon
17th May 2014 From India, Lucknow
Dear Arnub,
Maternity benefits is applicable under two act. 1 . ESIC & 2. Maternity benefits act.
if there is deduction of ESIC from you salary then, you are elgible to gets the benefits under the ESIC, then company not bound to pay you the salary for maternity leave. the same shall be get it from ESIC.
but, you are not perview under ESIC then, seperate Maternity Benefits act. shall be applicable to you, under this act you have to make application to your employer regarding the intimation of pregnecy due to the same you need the maternity leave & you are eligible to get the 6 weeks before pregnecy & 6 weeks after pregnecy.
If you are fullfilling all the applicablity for said benefits, then company can't be ignore or bound to pay the benefits to respective staffs.
so, make them understand their role & responsiblity under the law, if still refuse or ignore to give you, then door are open of labour dept.
19th May 2014 From India, Mumbai
You are working in HR department and went for Maternity Leave for 6 months, is it due to illness, kindly clarify to give appropriate view. Pon and Tushar has given you their view
30th May 2014 From India, Ahmadabad
I don't think that there is any injustice in this matter. First of all, you are an HR person and you should be a role model to all other employees. If you take leave on the ground of maternity for 7 months (April to October) what the others will do? Obviously, the employer is bound to pay 84 days pay, but from the post we are unable to understand what was the length of leave before delivery because as per Maternity Benefit Act an employer is not bound to give benefits for more than 6 weeks before delivery and what was the reason for extension of leave beyond 84 days in total (all inclusive, prior to and post delivery).

Maternity Benefit Act is essentially a social welfare legislation meant for women and it is true that every employer is bound to give the benefits to every woman employee irrespective of the number of times the benefit is availed. It is equally right that we have every right to get the benefits under the Act. But I would say that now a days, woman going for maternity rarely returns to work, either they will extend the leave to the maximum till the employer will say that we cannot grant any more extension and no sooner the employer says so, she will resign and go. For all, personal life is more important and to safeguard it, they will just leave the job. On the other hand, the employer will have to wait for the employee to come and join. In a govt set up or public sector organisation, it is easy to employ a badli/ temporary employee in the leave vacancy but in private sector, when we are finding it difficult even to get permanent employees, we can't imagine getting it for 3 or 4 months!

I repeat that HR should be a model and should understand both sides, the employer's paint in getting the things done. That does not mean that denial of justice should be justified. Therefore, please clarify the reasons for the such a long leaves.

I would also request the readers to read what I have written in its spirit by not reading between the lines, which is a practice among many among us in this forum.

Madhu.T.K
31st May 2014 From India, Kannur
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