2 I hope, you will find the relevant information from the thread as mentioned above and also from the threads as mentioned therein.
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
(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.
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.
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.
"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.
"(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".
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.
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....
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...
2. So far as I understand in this citeHR, we discuss legal/lawful ways regarding eligibility and claims of various benefits under various laws.