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Thread Started by #A.T.

Dear Sirs,
After knowing about my pregnancy my employer started harassing me. 1st they ask to work in half salary and when I argue they kept my salary on hold for two months. In October I inform them I will be going on maternity leave they did not say anything and till date I have not received my salary. Instead they are asking me to resign and not interested in talking about maternity.
I would like to lodge a complaint. Kindly suggest the process to approach the labour commissioner office. I am in my home town for delivery.
Thanks & Regards
26th November 2015 From India, New Delhi
Dear Member,
Have you intimate to employer about maternity leave under form E. If not then fill the form the give to current company along with doctor report. Keep a copy with you along with their receiving.
Once you come back after delivery, then approach DLC along with this paper and other docs.
26th November 2015 From United Arab Emirates, Dubai
Fill are required details & submiit the same to current employer and ask him for recieving. post that if employer deniying the same you can approch to Govt. Body.
26th November 2015 From India, Delhi
Dear sir, I have inform them in advance officially via email and asked for the procedure to apply for maternity leave but no response from them. Regards
26th November 2015 From India, New Delhi
Now that they are maintaining silence after your written intimation, go ahead and fill in the forms specified by members above.These forms are to be submitted for Maternity benefits.
Please refer rules and Maternity benefit Act .The form numbers will be specified in the appendix to the Act/rules.
27th November 2015 From India, Pune
Through somebody you can approach the Labour commissioner's office (may be your husband), collect forms, seek the procedure and then fill out the forms and submit. If you know somebody related or friends in legal circles, approach their help also so that your employer can be brought down on their knees soon. Let them not think that they can 'manage' the labour people. Before it is too late, start quick action.
Best wishes
27th November 2015 From India
Dear Ms.A.T.

The follg. is for your information & guidance:

FORM K

[See rule 15]

(Abstract of the Maternity Benefit Act, 1961, and the rules made thereunder).

1. No employer shall knowingly employ a woman during the six weeks immediately following the day of her delivery of miscarriage/ 3[Medical termination of pregnancy] and no woman shall work in any establishment during the said period.

2. No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period of one month immediately preceding the period of six weeks before the date of her expected delivery and also for any period during this period of six weeks for which she does not avail of leave of absence, any work which is of an arduous nature or which involves 10 of standing, or which in way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.

3. 2[(1) Subject to the provisions of the Act, every woman who has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days, including the days during which she was laid off, shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of her average daily wages, or the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948, or ten rupees a day, whichever is highest, for the period of her actual absence not exceeding six weeks immediately preceding the day of delivery and the remaining period immediately following that day:

Provided that the qualifying period of eighty days aforesaid shall not apply to a woman who has I immigrated into the State of Assam and was pregnant at the time of the immigration:

Provided further that where a woman dies during the period for which maternity benefit is payable, to her, the benefit shall be payable only for the days upto and including the day of her death. However, where the woman having been delivered of a child, dies during her delivery or during the remaining period of maternity benefit leaving behind in either case the child, the employer shall be liable for the, payment of maternity benefit for the entire period of maternity benefit following the day of her delivery but if the child also dies during the said period, then, for the days upto and including the day of the death of the child.]

(2) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of a certificate in Form ' B ' stating that she is pregnant and is expected to be delivered of a child within six weeks of the date of production of the certificate, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of the certificate in Form 'B' or Form 'D' stating that she has been delivered of a child or production of a certified extract from a Birth Register maintained under the provisions of any law for the time being in force.

4.(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in Form 'E' 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.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

(4) On receipt of the notice, the employer shall permit such woman to absent herself from establishment until the expiry 2[of the remaining period of maternity benefit] after the day of her delivery.

5. (1) Every woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of 2[two hundred and fifty rupees], if no pre-natal, confinement and post-natal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit.

(2) In case of miscarriage, a woman shall, on production of a certificate in Form 'B' or Form 'D' be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage. The wages shall be paid within 48 hours of production of the certificate in Form 'B' or Form 'D'.

3[(2a) In case of medical termination of pregnancy, a woman shall, on production of a certificate in Form ‘B’ be entitled to leave with wages of the rate of maternity benefit for a period of six weeks immediately following the day of her medical termination of pregnancy. The wages shall be paid within 48 hours of production of the certificate in Form ‘B’.]

(3) A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage/ 2[medical termination of pregnancy or tubectomy operation] shall, on production of a certificate in Form ‘B’, be entitled, in addition to the period of absence allowed to her on account of maternity or miscarriage/ 2[medical termination of pregnancy or tubectomy operation], as the case may be, to leave with wages at the rate of maternity benefit for a maximum period of one month. The wages for the leave period shall be paid within 48 hours of the expiry of that period.

6. Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of 15 minutes’ duration for nursing the child until the child attains the age of fifteen months. An extra sufficient period, depending upon the distance to be covered, shall be allowed for the purpose of the journey to and from the crèche or the place where the children are left by women while on duty, provided that such extra period shall not be less than 5 minutes and more than 15 minutes’ duration.

7. (1) When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for which discharge or dismissal would have been entitled to maternity benefit or medical bonus shall not have the effect of depriving her of the maternity benefit or medical bonus:

Provided that where the dismissal is for one or more of the following acts, the employer may, by order in writing communicate to the woman, deprive her of the maternity benefit or medical bonus or both-

(i) wilful destruction of employer's goods or property;

(ii) assaulting any superior or co-employee at the place of work;

(iii) criminal offence involving moral turpitude resulting in conviction in a court of law;

(iv) theft, fraud, or dishonesty in connection with the employer's business or property; and

(v) wilful non-observance of safety measures or rules on the subject or wilful interference with safety devices or with fire-fighting equipment.

(b) Any woman deprived of maternity benefit or medical bonus or both, may within sixty days from the date on which the order of such deprivation is communicated to her, appeal in Form 'G' to 4[the Competent Authority and his decision] on such appeal whether the woman should or should not be deprived of maternity benefit or medical bonus or both, shall be final.

8. If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of the Act, she shall forfeit her claim to the maternity benefit for such period.

9. (1) Any woman claiming the maternity benefit or any other amount to which she is entitled under the Act and any person claiming that payment due has been improperly withheld may make complaint to the Inspector in writing in Form 'H' or 'I' as the case may be.

(2) The Inspector may, of his own motion or on receipt of a complaint in Form 'H' or '1' make an inquiry or cause an enquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders.

(3) Any person aggrieved by the decision of the Inspector may, within, thirty days from the date on which such decision is communicated to such person, appeal to 4 [the Chief Inspector of Mines].

(4) The decision of 5[* * *] 4[the Competent Authority] where an appeal has been preferred to him or of the Inspector where no such appeal has been preferred, shall be final.

10. (a) The employer shall supply to every woman employed by him at her request free of cost copies of Forms 'B', 'C', 'D', 'E', 'F', '0', 'H' and '1'.

(b) The failure to submit a notice, appeal or complaint in the prescribed form will not affect the right of a woman entitled to receive maternity benefit or any other amount due under the Act. Where a notice, appeal or complaint has been received in a form other than the prescribed form, the authority concerned shall within fifteen days of the receipt of such notice, appeal or complaint, require the woman to submit the notice, appeal or complaint, as the case may be in the prescribed form.

11. (a) (1) The employer of 1[every mine or circus] in which women are employed shall prepare and maintain a muster roll in Form 'A' and shall enter therein particulars of all women workers in 1[the mine or circus.]

(2) All entries in the muster-roll shall be made in ink and maintained up-to-date and it shall always be available for inspection by the Inspector during working hours.

(c) The employer of 1[every mine or circus] shall on or before the 21st day of January in each year submit 5[* * *] 4[the Competent Authority] a return in each of the Forms 'L', 'M', 'N' and '0', giving information as to the particulars specified in respect of the preceding year.

1.

Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

2.

Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

3.

Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996)

4.

Subs. by G.S.R. 64, dated 4th February, 1992 (w.e.f. 15-2-1992).

5.

Omitted by G.S.R. 49, dated 4th January, .1988 (w.e.f. 16-1-1988).

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Read more: Maternity Benefit (Mines and Circus) Rules, 1961 - Form K Maternity Benefit (Mines and Circus) Rules, 1961 - Form K.

------------------

Also find attached relevant Forms under the Act for your immediate ref. Before you commence your action, Pl. ensure whether you are covered under ESI Act or the Maternity Act and go ahead accordingly.
27th November 2015 From India, Bangalore

Attached Files
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File Type: docx FORMs.docx (19.6 KB, 3343 views)
File Type: docx Maternity Benefits Under The Maternity Benefits Act 1961.docx (17.7 KB, 2236 views)
File Type: docx Payment during Maternity Leave under the Maternity Act.docx (13.3 KB, 2753 views)

Mr. Kumar. Great job ! You have made the life for the lady who posted the query above, much easier ! Best wishes for the excellent help you have extended. Best wishes
28th November 2015 From India
Dear Mr.Kumar,
Thankyou for sharing all the information that A.T would need to build the case. Is there any procedure that you can share, that she needs to follow in order to approach the employer?
Are there any particular authority that she needs to approach or inform?
Looking forward to hear from you. Thankyou once again for your contribution.
28th November 2015 From India, Mumbai
While we have shared a lot of information, we need to answer the original question she has asked :
1. How to file a complain
2. To whom it should be filed
3. She is at her home town, not at her place of work, so can she file it at the local office of the labour commissioner or does she have to do it at the office near her place of work.
If someone can give that answer it would be good.
29th November 2015 From India, Mumbai
Saswata,
Pertinent observation.
What she should do is fill in the forms specified by Maternity Benefits Act for claiming benefits and directly send it by post(SpeedPost) to the Labour Commissioner with a explanatory letter explaining clearly that employer is refusing her benefits and not answering her queries.
The office of labour commissioner having jurisdiction over the factory should be approached.
Off course if she has has some one in home town)presuming it is in same state),they can approach local labour office for clarifications and help.
29th November 2015 From India, Pune
I wish to endorse the rejoinder of Mr.Nathrao which has answered the queries. However I may add, reg.jurisdiction it's always the place where the Estt. is situated and not the domicile as the 'cause of action' arises from the Employer which should form the criteria. I doubt whether the ALC of domicile will entertain this for want of jurisdiction....
30th November 2015 From India, Bangalore
----------------

It's suggested that firstly she should issue a letter informing her details seeking the maternity leave/benefits to her and obtain proper ackmt. If they are not approving she should fill up the relevant Forms attached to my earlier post, enclosed documentary evidences/Medical reports and handover to the HOD & HR and obtain ackmt. Even after this if the employer is not relenting then she should fill the other Complaint Form and preferably meet the ALC/Labour Inspector/Officer having the jurisdiction over their Estt. file the complaint, obtain ackmt. and act as per their directions. If this process is not resulting in restoring legal rights, she should immediately consult/hand over the matter to an able advocate for pursuing legal course.

If she is in a position to contact herself with relevant authorities she can take advices from the following contact details (this is suggested in the absence of details of her employer) :

National Commission for Women

4, Deen Dayal Upadhayaya Marg,

New Delhi-110 002.



91-11-23234918, 23222845

Complaints Cell :: 91-11-23213419,

91-11-23219750,

91-11-23236153 (Telefax)

Email :: ncw[at]nic[dot]in

Complaint Cell :: complaintcell-ncw[at]nic[dot]in

Research & Study Cell :: sro-ncw[at]nic[dot]in

Legal Cell :: lo-ncw[at]nic[dot]in

RTI Cell :: rticell-nc[at]nic[dot]in

NRI Cell :: nricell-ncw[at]nic[dot]in

North East Cell :: northeastcell-ncw[at]nic[dot]in

National Commission for Women, New Delhi, India

------------

In case her estt. is in other states, states' contact addresses can be had from the NCW web site noted above.

All the best M'm.
30th November 2015 From India, Bangalore
"....After knowing about my pregnancy my employer started harassing me. 1st they ask to work in half salary and when I argue they kept my salary on hold for two months. In October I inform them I will be going on maternity leave they did not say anything and till date I have not received my salary. Instead they are asking me to resign and not interested in talking about maternity.

I would like to lodge a complaint. Kindly suggest the process to approach the labour commissioner office. I am in my home town for delivery.".......

She did tell us that she informed (whom ??) in Oct. about her intention and about the pregnancy. She also has an idea about the Labour Commr.'s role in this. In all probability she might deliver soon. I'm not sure whether she will be in a fit condition to travel from her native place (where) to Delhi to lodge the complaint. In the circumstances my suggestions are -

She should authorise her husband or brother/sister to help her out and arrange filling up the Form No.B,D,E,G,H (in 4 sets) and take it Delhi to file with the employer and the jurisdictional LC. with a covering letter stating her condition does not allow her to move for this purpose. Or utilise the services of an advocate who might do a better job for a fee who would directly approach the LC and insist for an order to be passed for immediate payment of withheld salary, Bonus and Leave salary as well. Forms are reproduced here for convenience of member.

-------



FORM G

[See rule 9]

(APPEAL under sub-section (2) of section 12 and request that the

said employer be ordered to pay the above mentioned amount )

To

The Competent Authority

(Appointed under the Maternity Benefit Act, 1961).

……(Address)

Sir,

I,…, the undersigned, woman employee of…..(name and full address 1[mine or circus]) have been wrongly deprived by the employer of maternity benefit or medical bonus or both (strike out unnecessary portion} for the reasons attached hereto, prefer this appeal under sub-section (2) of section 12 and request that the said employer be ordered to pay the above mentioned amount to me. A copy of the order of the employer in this behalf is enclosed.

Date……. Signature or

thumb impression of the woman

Signature of an Attestor in case the woman is

not able to sign and affixes thumb impression.

Full address of the nominee/legal representative

1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

------------



FORM H

[See rule 10]

(Complaint for the medical bonus and/or Rs…….. being wages for leave due under 1[section 9or 9A]

10 but the same has been improperly withheld by the employer)

To

The Inspector,

(Under the Maternity Benefit Act, 1961)

Sir,

I…… (name of woman) employed in…… (name and full address of 2[mine or circus]) having fulfilled the conditions laid down in the Maternity Benefit Act, 1961 and the Rules thereunder, am entitled to Rs……. being maternity benefit and/or Rs……. being the medical bonus and/or Rs…….. being wages for leave due under 1[section 9or 9A] 10 but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me.

Date…… Signature or

thumb impression of the woman



Signature of an Attestor in case the woman

is unable to sign and affixes thumb impression.

Date…… Full address of the woman.

1. Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

2. Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

--------------

FORM B

[See rule 4(1)]

This is to certify that I examined…. wife /daughter of ….. a woman employee in…… (name of 1[mine or circus]) on…... (date) and found/cannot discover that she is pregnant and is expected to be delivered of a child within (month and/days) from the above mentioned date/has undergone miscarriage/ [Medical termination of pregnancy or tubectomy operation]/has been delivered of a child on….. (date) or is suffering from…..(date) from illness arising out of pregnancy/delivery/premature birth of a child or miscarriage/1[Medical termination of pregnancy or tubectomy operation ].

Signature, qualifications and designation of

Medical Officer/Medical Practitioner.

Date…..

Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961.-

1. "Child" includes a still-born child.

2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.



1. Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

----------------



FORM D

[See rule 4(5)]

This is to certify that I examined….wife/daughter of….a woman employed in……(name of 1[mine or circus]) and found that she has been delivered of a child/has undergone miscarriage on…..(date)

Signature of registered midwife.

Date….

Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961-

1. "Child" includes a still-born child.

2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.

1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).



-------------- 

FORM E

[See rule 5(1)]

NOTICE UNDER SECTION 6 OF THE MATERNITY BENEFIT ACT, 1961

To

….(name of 1[mine or circus])

I….(name of woman) wife/daughter of…..employed as…..at…..(name of 1[mine or circus]), hereby give notice that 1 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.

Signature of an Attestor in case

the woman is not able to sign

and affix thumb impression.

Signature or impression of woman

Date…..

1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

--------------------------

Read more: Maternity Benefit (Mines and Circus) Rules, 1961 - Form H Maternity Benefit (Mines and Circus) Rules, 1961 - Form H



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Wish the member and the child in waiting, safe/healthy comfortable birth. May God bless them and be with them always.
30th November 2015 From India, Bangalore
The long and short of the story is clear-employer has no legal right to stop/with hold salary during maternity period.
Maternity Benefits Act has codified the privileges and rights of lady employees.
Employer needs to follow the law willingly.
If he fails there are people who will advice beneficiaries the way to secure legitimate rights enshrined in law of the land.
Denying such payments/delayng such payments only shows how some can be penny wise and pound foolish.
1st December 2015 From India, Pune
— — — — — — If Ms.AT’s estt. is covered under the Payment of Wages Act, non payment of salary may attract penal provisions under this Act as well.
2nd December 2015 From India, Bangalore
Ms.AT, you’ll have some more reference on the Maternity issue in attached extracts.
2nd December 2015 From India, Bangalore

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I want to understand, does all the companies by default are covered under maternity benefit act? Or is it that some kind of registration is needed etc.
16th January 2016 From India, Pune
Sir, I appointed as a typist in Government Sector (PWD) on 09.10.2014. I took a maternity leave for 25.10.2014 onwards. I rejoin my duty on 01.04.2015. Maternity period from 25.10.2014 to 31.03.2015, i got a Loss of Pay. If any, Government Gos are available for that one
23rd March 2016 From India, Madurai
You took maternity leave for over 5 months after working for about 2 weeks. How do you expect to be eligible for paid leave ?
24th March 2016 From India, Mumbai
My wife delevery in 2nd week of sep 2016 and she join his new office on the month of Nov 2015 and how many days contribution is eligible for maternitu benifit in esic . tel me what is the process to claim maternity benifit.
9th July 2016 From India, Delhi
Dear All,
Please let me know when woman employee going to on maternity leave which return submited to Labour Commissioner office? How many salary paid to her Basic+DA+HRA or gross salary.
please suggest
7th November 2016 From India, Baramati
No returns to be submitted at that time But maternity register to be kept updated. Salary payable is gross salary
8th November 2016 From India, Mumbai
Hi all
I am geet ' working in a company and I am on maternity leave from 8nov16.to 31jan 17. on 15 nov 16 god blessed me with a baby boy. He is cesarean so I want to take one month extra leave . If my employer allow me for extra leave it will be paid or not as per maternity act
28th December 2016 From India
Maternity annual return is to be filled every year? In my company there is no scope of delivery of women as they are above 40 age and have kids, what is to be done, shall i fill return ? On what basis? Please guide
29th December 2016 From India, Nagari
You can file a nil return But check whether there is a combined return under factory act applicable to you, then you don’t need to submit this separately
30th December 2016 From India, Mumbai
Ms.Fulewar,

(Pardon me if I'm wrong).

I request all the seekers to give adequate info. about their, among other things, some of minimum details about themselves such as gender, state, nature of firm/industry/ office/estt.etc. at the time of raising queries itself so that learned members would be in a position to give suggestions straight away instead of avoidable extracting posts before start answering queries. For God's sack Pl.don't thing learned members are sitting idle to answer/expecting your queries, all of us are seriously engaged in their own routine and try to put best use of/share their knowledge/information for the good of others, free of cost. So spare us not to waste our times to extract relevant info.

Here is also, had Fulewar taken some pains to refer to the Maternity Act before hand itself it could have answered these queries clearly. As these are very fundamental aspects could have got the answers from/by reading the act itself. Ofcourse, expert opinions are available from members thru' their experience gained and references painstakingly collected & stored for some natural queries for which there available no ref. from the bare act. That apart,

I don't thing Maternity Act bars >40 females bearing a child, so age factor is not relevant. What is needed is to say what is applicable to your Estt., if ESI or the Maternity Act, Factories Act, Shops Act what matters w.r.t. to the status of your estt. which you haven't revealed.

There is no regn. involved under MA, but ESI Act requires, hence you should be aware of what act is applicable to your estt.

The bare act of the Maternity Benefit Act and other short notes are attached for you know more about the provisions of the Act.

Also Read more from this link:

https://www.citehr.com/572469-applic...016-a-pg2.html
19th February 2017 From India, Bangalore

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File Type: docx Maternity Rights at Work.docx (22.5 KB, 68 views)
File Type: docx Maternity Benefit Act-Amendment Aug.2016.docx (15.8 KB, 81 views)
File Type: pdf The Maternity Benefit Act, 1961_BARE Act.pdf (133.5 KB, 146 views)

Under the new amendment of 26 weeks I would want to know are we talking of paid leave upto 26 weeks or is it only the leave which is being extended from 12 to 26 weeks. Kindly throw some light on the same
23rd April 2017 From India, Bangalore
It is paid leave up to 26 weeks, additional 1 month paid leave for pregnancy related sickness before delivery.
27th April 2017 From India, Mumbai
I am in a very hard situation.I am insured under ESI,but due to non deduction of insurance amount from my employer for 6 months (Oct 2016-March2017 )ESI is not going to cover my maternity benifit from August 2017.
When I describe this situation to my employer ,HR told me I will not get my salary for 84 day if I take maternity leave from my company as I am ESI insured.
Suggest me what should I do in this situation.
29th April 2017 From India, Kolkata
Roy,
Your situation is covered under the following section 5A of the act. It states that notwithstanding applicability of ESIC, the woman employee is covered under the maternity benefit act till the time she becomes entitled to maternity benefit under sec 50 of esic act.
So your employer is liable under the act to pay maternity benefit to you.
If the deduction was not made because of a default of the employer, then you can complain to the ESIC authority about the same
30th April 2017 From India, Mumbai
@ROY.AMRITA

As a woman employee you are entitled to maternity benefit either under the Maternity Benefit Act or ESI Act. As you are insured person/ IP under the ESI Act, you will be entitled to all maternity benefit under the ESI Act. The fault/ excuse of non payment of contribution towards ESI is not your headache but responsibility of the employer. Apply for the benefit under prescribed form and you may also lodge a complaint against non-payment of contribution of ESI before the ESI authority as already advised to you by other member above.
Please also note that w.e.f 20th Jan 2017, the maternity benefit under the ESI Act has been enhanced.
30th April 2017 From India, Kolkata
Hello,
Please suggest by referring the following grounds that whether a company can terminate a pregnant lady?
1. As per maternity benifit Act Legally she can avail a Leave for 26 weeks.
2. Among said 26 months she can opt leave of 8 weeks before delivery.
and additional one month leave in case of medical illness during pregnancy
so as per my understanding legally she can avail maximum 3 months leave before delivery (8 weeks(2 months)+1 Months for illness)
3. Also as per Maternity Benefit Act Company can not terminate Women employee who is pregnant.
Present Situation
1. In Our Company One Lady if Pregnant and currently she in 2.5 Month of Pregnancy
2. She has already taken approx 2 months leave after she got pregnant
and her medical reports indicate that she is practically un fit to join her duty as she has a very high rate of BP and she is advised to take Bad rest
3. So in such condition after allowing her a total 3 months eligible leave before delivery as per Maternity Banifit Act, She is not sure that whether she can join after leave or not
4. Now can a company terminate her?
Please Guide me on said Matter
17th April 2018 From India, Ahmedabad
Hi Team I am working with my company from last 8 years Earlier they told me they will pay all the maternity benefits but now when I am pregnant and asked for benefits they refused and informed me that I have to visit ESIC office for claim Kindly suggest me what to do
4th August 2018 From India, Jalandhar
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