Kamalkantps
Advocate
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Abhay_011
Professor
Brijendra_Singh
Hr & Admin Manager
Sunnyhr9891
Officer (sap-payroll)
Mbulandi
Lecturer
+2 Others

Sir,
One of my relatives is working with a popular school in her area as a teacher. The school has given her the appointment letter.
I just want to know that is she eligible for maternity leaves? It has been more than one year she is working with that school.
The school administration is saying that she will be treated as LWP/ABS in maternity period.
Does big private school come under Maternity Act? Is she eligible for maternity leave.
Regards,
Sunny
19th February 2015 From India, Delhi
dear friend,
Irrespective big or small all comes under the purview of Maternity Act, yet, please get it clarified from the school authorities, also, find out the system they are following, the Educational Institutions Laws and Regulations...(Central or State Board rules and regulations)..
always good things happen, when you persistently knock the door .... best of luck .....
19th February 2015 From India, Arcot
Dear Friend,
to give answer of this query, i just wish to know her designation and base of appointment mentioned in appointment letter she has received from her institution.
Kindly do the needful.
Rgds

19th February 2015 From India, Mumbai
Please let me know the following :-
1. In school, most of the teachers are given appointment on 'Contractual' basis. i.e for Academic sessions. You said your relative has completed only one year. What his her appoint, on permanent basis or on contractual basis??
2. If she has been issued with an appointment letter, does it also have a 'Probation Clause'?? What is the period of the Probation??
3. Lastly, did she got a confirmation letter after successful completion of Probation period??
If the answer to the last question is Yes, then she is entitled for 84 days Maternity leave as per the maternity benefit act, 1961.
19th February 2015 From India, Mumbai
If the school is one to which shops and commercial establishment Act of Delhi is applicable and the teacher is not covered under ESI ,then she will be eligible for maternity benefits under MB Act 1961.
VARGHESE MATHEW
19th February 2015 From India, Thiruvananthapuram
Dear abhay and Bijendra,

Irrespective of the designation or type of appointment every woman is enttled to get the Maternity Benefit. As per section 3 (o) of the act

(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.

lets now see the applicability of the act

2. Application of Act.- 5*[(1) It applies, in the first instance,--

(a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;

(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months:] Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.

(2) 6*[Save as otherwise provided in 7*[sections 5A and 5B], nothing contained in this Act] shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply for the time being.

In the light of the above definitions any woman working on any designation, on any mode of employment like direct or through any agency are entitled to receive Benefit under this act.

Approach the local Labour Commissioner in case School deny to extend the support and provide her the Benefit under the Act.
19th February 2015 From India, New Delhi
Sir,
I thank all of you for answering my question.
I would like to say that school authorities (School is in Delhi) are saying that they do not give any maternity benefit to any employee.
She (Designation:Assistant Teacher) is not a contractual employee and her appointment letter has a 'Probation Clause' of one year which was completed in January 2015.
But the school administration has not given her any confirmation letter. They said "they will give it to her once she joins the school again in July 2015. (After Leaves).
Please advice.
Regards,
Sunny
20th February 2015 From India, Delhi
Dear Mr. Kamal,
I would like t add here that if she had appointment letter from the institution, please give concentration on my word "Institution", whatever you have briefed that is pertaining to Plant, factory etc. but the employee, mentioned in the mail, is being working in an educational institution.
So, its very necesssary to know that in what terms and conditions, mentioned, she had signed on the said appointment letter.
Rgds

23rd February 2015 From India, Mumbai
I work for a private school in Mumbai, and we are governed by both the SS Code and the MEPS, both of which state that maternity leave will be given. Details are given about how much leave is paid or unpaid based on status of the employee.
regards,
sg.menon
24th February 2015 From India, Mumbai
Hi, I am working in Gov. Institute as a lecturer on contract of 5 year.I have completed 4 year. am I eligible for maternity leaves. they are denying for the same. With regards
11th August 2016 From India, Faridabad
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