Industrial Relations And Labour Laws
Recruitment/talent Acquisition, Career Counselling
Junior Exeutive Hr
[See rule 5(1)]
NOTICE UNDER SECTION 6 OF THE MATERNITY BENEFIT ACT, 1961
To ..(name of employer)
I, (name of woman employee), wife/daughter of ..employed as ., do hereby give notice that:
1. I expect to be confined within six weeks next following from the date of this notice/have given birth to a child on .(date) and shall be absent from work from ..(date). I shall not work in any establishment during the period for which I receive maternity benefit.
2. For the purpose of section 7, I hereby nominate .. (here enter name and address of the nominee) to receive maternity benefit and/or any other amount due to me under the Act in case of my death.
Date . Signature of woman employee
This application will become a formal intimation of pregnancy and request for maternity leave. The HR cannot just reject the application when it is submitted in the formal format quoting the relevant sections and rules. Therefore, you may send the same asap and wait for the reply. If the employer is still negative, she can raise it as an industrial dispute before the Labour Officer. But I don't think that that would not be required and the matter will be settled before that.
8th October 2015 From India, Kannur
In case of further harassment Labour officer of the district is always available for complaints.
This Act is a social welfare act and the company cannot pressurise anyone to leave or take unpaid leave etc.
8th October 2015 From India, Pune
Thanks & regards,
Sumit Kumar Saxena
9th October 2015 From India, Ghaziabad
Do you think Chetan Sharma's wife approaching the Local Chapter of Women's Commission IN PARALLEL would also help expedite the resolution......or do you think it will side-track the whole issue?
@ Chetan Sharma--
I think your wife did a mistake by not putting the developments IN WRITING.
It's also not clear whether 'company notified she will get 3 months leave and these would be unpaid leaves' were also verbal OR are they in writing?
If the Company's notification is in writing, then you surely have a base built-up.
If NOT, then suggest modify the draft suggested by Madhu TK a bit to ensure that the past verbal communications are all put into writing at least now.......to ensure you have written records of what transpired IN CASE the case goes to the Labour Officer.
All the Best.
10th October 2015 From India, Hyderabad
You ask your wife to forget whatever discussion she had with her seniors or colleagues regarding her maternity leave. She need not have to be worry about her maternity leaves at this crucial juncture but to concentrate on the future. Ask her to submit a formal leave application to her reporting authority with CC to others clearly mentioning her desire to take leaves from --- to ---. Do not refer any law and rules in this application and ask her to wait a few days and if she doesn't receive any reply in writing send the same application marked as "reminder". If she doesn't receive any reply even after the reminder she may send the same once again marked as "2nd reminder" and mark copy to a) labour officer, Human rights commission and c) Women rights commission and I am sure something will happen in favour of your wife and whatever might be the consequences ask her to proceed for the leave as scheduled.. I would suggest to search for a new job for your wife even if her leaves are granted. Legal battle can be fought anytime after the birth of the baby but this is not the right time physically or mentally to be involved in any such incidence.
Best of luck.
12th October 2015 From India, Kolkata
Here it is a question of a lady being maternity leave,which is a purely a matter for being taken up with local labour officer if company fails to follow law.
Bringing any other angle will not be in order and side track main issue.
12th October 2015 From India, Pune
While agreeing with your unease, I guess this has been a repeated feature of many of those who post their problems/issues in this Forum.
However, I wouldn't agree with your line "Is it that these are useless comments/ advises?".
After all, all of us who take time to post our responses to active issues do so with the LARGER perspective in mind......the CURRENT issue at-hand being JUST the trigger.
There would be others who see solutions in such threads later to THEIR problems......how many of us haven't got 'Appreciates' for postings that we made months/years ago [which we might not even remember that we made]? Such persons wouldn't be giving Appreciates NOW UNLESS they would have found ready-made solutions for similar issues they MIGHT be facing.......even without initiating a thread?
And I am sure all of us ALSO still learn a bit from the threads we participate in. The only LOSERS would be those like this thread initiator who NEITHER respond & acknowledge NOR take note of OTHER'S time spent. From a psychology perspective, this is the surest recipe to keep making the same mistakes again & again.....anyone who can't say a simple 'thank you' is bound to fall into that trap. But, I guess, that's THEIR problem.
And......this may not appeal to everyone.....we are just practicing what's mentioned in the Bhagavata Gita--"perform your acts/action with your best without any anticipation of the fruits". WHO picks the 'fruit' of our advice/suggestions is not for US to guess or expect or desire.
14th October 2015 From India, Hyderabad
15th October 2015 From India, Chennai
I believe nobody has suggested going legal at the first instance itself but has only advised to get everything done in black and white and that was why I posted an application which is expected to be in the formal format. There is much difference between applying leave in formal format to the employer and representing the matter before the controlling/ appropriate authority and the latter should be resorted only when the former fails to give any response. If the organisation has an empowered HR person sitting in the top of HR department then there would be no conversation like refusing the maternity leave or asking her to take leave without pay. This has happened in many companies and these companies remain EMPLOYEE FRIENDLY organisations among many of us due to the reason that denial of rights are not objected by the employees. Still, I don't know if my experience of 30 years in Personnel/ Industrial/ HR Management.
15th October 2015 From India, Kannur