Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Manager - Human Resources
Hr -executive
+4 Others

I am working in a private sector since 7 months and after 6 months they have confirmed me. I am 7 months pregnant . Initialy they told me that they will give me a maternity leave and now they are telling that you have not completed an year in the company so you cannot be benefited with it. Is this true?
Hi, I joined private organisation on 7th Jan 2015. My delivery date is 25 Oct 2015. Am I eligible for maternity leave
As per the current law, you are eligible for maternity leave. You don’t have to complete one year in the company. You are eligible if you have worked for at least 80 days in the last 12 months.
1. Dear member, similar type of subject was discussed in this forum earlier also in which experts/seniors have expressed their opinion. Online link of the same is mentioned as follows:-
2 I hope, you will find the relevant information from the thread as mentioned above and also from the threads as mentioned therein.
You are eligible for a maternity leave of 90 days (Pre & Post pregnancy). Also if you wish to extend the period, you may adjust your leave against the existing leave balance if any.
Also you are eligible for the full pay for 90 days. Also the act recommends the employer to pay Rs.3200 as maternity bonus.
May God Bless you & your child for a safe & healthy delivery of your child.
With Best Regards
Devi Balaji
Ya but if they completely refuse to pay me or if now dey say that it will b paid after you deliver a baby. Is der any law against this
1. Dear members, I will request Devi Balaji to kindly advise me as to under which section(s) of the Maternity Benefit Act, 1961 or any other law presently applicable following informations as mentioned by said member are laid down:-
(a) "eligible for a maternity leave of 90 days"
(b) "the employer to pay Rs.3200 as maternity bonus".
2. So far as I understand both above informations appears to be not correct. I hope that I may be able to update my knowledge, if I get the informations on above 2 points.
My top management is refusing to give maternity paid leave. They say your leave will go for 6 months and they have to hire another employee which is not affordable for them. They are forcing me to resign and are saying that they will pay me one month salary. How can I trust them for this as well. They may deny. How can I get my right . whom shall I approach. If I go thru lawyer ppl say nothing happens n I will lose much more money. Plz guide me.
As per Maternity Benefit Act, 1961 , employee should work 80 days in the organisation , than she/her eligible for Maternity leave for 12 week , 6 weeks perior or 6 weeks post delivery with Maternity Bonus. employer can not refuse to give maternity benefit to employee.
Dear Mr.Mehta,
Recently we were audited by external HR Agency who advised us to pay Rs.3200/- as Maternity Bonus. Hence I confirmed that.
We follow the system of 12 weeks. 6 weeks before pregnancy and 6 weeks after pregnancy. Hence we are paying salary for 90 days (3 months) for the employee in addition to giving 12 weeks leave.
Correct me if I am wrong.
Devi Balaji
As per maternity act there is no such rule for women employee,like she has to complete 90 days of 180 days ,she is entitle to receive every benefit from employer .just she has to serve a notice to employer, As per law-
"Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
So i think now employer should not deny to give you leave benefit under this Act.
you can take a legal advice also.
1. Dear member, please see section 5(2) of the Maternity Benefit Act, 1961, which reads as follows:-
"(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery:"
2. The only exception to the condition laid down as above is "a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration".
As per law you are eligible for maternity leave
Going through a lawyer is expensive and in the end counter productive because of time, efforts, cost and the fact that your career thereafter gets affected. No employee wants an employee who has gone to court.
You can show them the law and tell them that you are willing to resign but they should pay 12 weeks maternity leave. If they agree good. If not you need to decide how much you want to invest in a fight
If they are giving you a months salary as notice pay, why are you worried about they not paying ? Do they have a habit of bluffing or going back on their words ?
You must also remember that any stress that comes during this time is bad for health of you and your child. So you need to weigh the economic parameters and health and decide if you can afford to just walk off with a notice period and look for a fresh job later.

Hi ! All I read all of your Questions and Answers but I personally felt there is still a big lack in exchange of information between both side of questioning and answering E.G.
What if the employer still doesnt agree or recognise what the employees are saying. ?
What next or what should be done in case of force termination from employer's side?
What steps need to be taken , what procedure to be followed etc....
If the employer refuses to do what the law requires him to do, then the only option the employee has is to complain to the labour commissioner of the area about the same. The labour commissioner would then inquirie into the matter and enforce the law. He may also file a case with the court if the employer still does not follow the rules
Hi All,
I am working in an IT Company as HR and my Employer/ management want to make a contract in offer letter that employees will be eligible for maternity benefit after two years and if employee is pregnant before that period ,employee should resign by them self. is it Legal? what else I can Do ? pls Suggest...
1. Dear member, I think, your employer must be knowing that any contract or agreement executed or made in contravention of any law in force is void ab initio and has no validity in law.
2. So far as I understand in this citeHR, we discuss legal/lawful ways regarding eligibility and claims of various benefits under various laws.
I am working in pvt organisation from last two and half year and my expected delivery would be in month of Dec 2019 my salary doesn't come under ESIC benefit. My current company doesn't have any paid maternity leave system. Can i get benefit of paid maternity leaves.
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