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Finance Manager
Apex Management
Labour Laws Consultants
Statutory Complaince/labour & Employment
+5 Others

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Dear Senior
Please let me know if female employee not willing to change her maiden identity / name to in lows Surname then is she eligible to get maternity leave benefit ? Also let me know that can she nominate her husband for any statutory gain such as PF, Gratuity.

From India, Mumbai
Change of name or no change has no impact on Maternity Benefit/leave.She can nominate her husban d for EPF/Gratuity or cancel the same later. Varghese Mathew-TVPM 9961266966
From India, Thiruvananthapuram
Lets assume that the employee is working in a company before her marriage and was continuing after marriage too, she is covered under ESIC Act. She became pregnant within 3-4 months of her marriage will the company deny the Maternity Benefit or will ask the employee to change the surname in the ESIC (which is a long process) to avail her Maternity Benefit.
With regards to Nomination, you can nominate any name (i.e. mother/father) now and can change later (husband/child) at your discretion

From India, Ahmadabad
Saji She need not change surname to get ESI benefits.Where is the question of Co denying Maternity benefits to an insured women? Varghese Mathew
From India, Thiruvananthapuram
For Payment of Maternity the existing name will be enough. No need to change the name. For nomination purpose in PF, she can give her husband"s name or any other name if she wants.
From India, Hyderabad
Dear all,
Change of name or alteration in surname is sole discretion of the employee concerned and management or ESIC cannot deny any due benefit for want of surname.
As far as nomination for EPF and Gratuity is concerned, it can be revised in prescribed manner for which change of surname is not a criteria.
P K Sharma

From India, Delhi
Sir I never told that change in surname is required, I have given an assumption and have asked the member that whether the Lady has to wait for all the process to take place for availing the MB
From India, Ahmadabad
only marriage Certificate is concern and valid proof. Based on Marriage Certificate, employee is eligible to get all concern statutory benefits & no need for name change etc.
From India, Pune
Dear srshirodkar,
I think the most important thing is to treat the employee right. I think marriage, divorce, husbands name, etc doesn't have any bearing on an HR professional's judgement to facilitate and deliver what is due to the employee.
I think HR professionals become once they decide to stop being a jobsworth. This is difficult when our educational system has only taught us what to think rather than how to think. (MBA curriculum included)

From India, Bangalore
For providing Maternity Benefit, company should follow the Maternity Benefits Act, 1961.
I have not come across a clause in the entire act which says female employee should be married to avail this benefit. Hope all questions gets answered with this statement.

From India, Mumbai

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