Harsh Kumar Mehta
Consultant In Labour Laws/hr
Kumaran Praveen
[email protected]
Doing Perpration For Job.
Insolvency N Gst Professional
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Collection Executive
+1 Other

Hi sir,
I am working in a Private firm. My Salary is 25000/ month and i not covered in ESIC. I want 12 weeks paid maternity leave but i am not sure whether company will provide me paid leaves or not. I have doubt if i will ask for maternity leave, they will terminate me.Kindly tell me how can i claim my paid maternity leave if company terminate me on the spot. I am 7 month 2 weeks pregnant. Also tell me from when i can take my maternity leave? what are the required documents for applying my maternity leaves and if company asks me to leave job or give resignation for asking maternity benefits, what i can do ? i am working here since 1.11 months. I have my offer cum appointment letter, last three salary slips, bank statement for drawn salary.In offer letter , no terms and conditions is mentioned.
Kindly guide me in right direction so that i can talk to my company and inform them about my pregnancy and claim paid maternity leaves.

From India, Bengaluru
Hi Buddy,
First inform your employer about your pregnancy and you can claim your maternity benefit under maternity benefit act-1961 six week before your date of delivery and six week after your delivery.
Employer cannot terminate an employee who claiming maternity benefit so don't be afraid of it, under this law it is employee right to claim maternity benefit and it is employer responsibility to provide maternity benefit to his/her employee before six and after six week of delivery.
For documentation purpose you can show the medical certificate which shows the expected date of delivery for claiming six weeks before delivery and provide appropriate document for claiming next six weeks of leave with wages after the delivery.
With Regards
Mr.Thumbs Up

From India, Chennai
1.Dear member, from your remarks it appear that you have apprehension that on coming to know that you want to avail maternity benefit you employer will terminate you. Your apprehension is quite reasonable and I think, as mentioned by Sh. Kumaran Praveen ji as above,if you have minimum service as required under the Maternity Benefit Act, 1961 you are entitled for the said benefits from employer.

2.It will be more better if you examine at your level as to whether in past maternity benefit is paid by the employer to his woman employees or not. You can also discuss the issue without your immediate superior and concerned HR of your establishment.

3. The provisions of the Maternity Benefit Act, 1961 are applicable in each and every factory or establishment where ten or more persons and employed. However, only those woman employees are entitled for maternity benefit who have "actually worked in an establishment of the employer from whom she claims maternity benefit, for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery".

4. Even if there is no reference of such benefits in terms and conditions of employment as entered with any employer, the woman employee will still be entitled for such maternity benefits and also other benefits as she may be entitled under various labour laws.

From India, Noida
Dear Garima
Considering your apprehension, it is better if you apply in the specified foem under the Act, Form - E to the Employer, alongwith the Certification from a Doctor.
Keep an acknowledgement or receipt of the Form.
Violation of this Act entails serious and heavy prosecution, so any employer would think several times to violate the provisions.
However, knowing the extent of scruples that small Indian companies involve in, it is better ti take all possible care and precaution.
Warm regards.

From India, Delhi

Attached Files
File Type: doc form-EFBD.doc (29.0 KB, 294 views)

Respected sir
There has been made an amendment in maternity banefit act 1961 that a pregnent employee can avail the leave of 24 week instead of 12 week ... so what am I right? If now leave period is 24week so for how many day leave an employee can get before pregnency?
Rishabh Agarwal.

From India, Haridwar
1. Sir, the proposal to amend the Maternity Benefit Act, 1961 for extension of leave to 6 months period has not been passed by legislature and is still at discussion stage. An online link of extract of news item appeared in the Times of India of today ( 12/01/2016) is mentioned as follows:-

DoPT plan to fast-track clearance of LTC claims <link updated to site home> ( Search On Cite | Search On Google )

2. In newspapers various items are published indicating proposed amendments in various laws, but only those amendments get the shape of a law which are passed by legislature, receives approval from President of India and even thereafter the appropriate Government issues notification fixing the date from which said amendment will take place. Nothing has happened so far in respect of proposed amendment as mentioned by you above.

From India, Noida
"" I have doubt if i will ask for maternity leave, they will terminate me""
You are legally protected against such terminations by MB act.
inform your employer in writing abut your medical condition.
Forms to be used for informing the company and also important getting company acknowledgement that you submitted the intimation have been answered by learned members in reply.
Just follow the law and do not worry.

From India, Pune
Dear Ms. Garima,
I have gone through all comments hereinabove and state that what Mr. Harsh Kumar Mehta has reflected here is fully correct. Whilst on the subject, you will have to check your eligibility of having worked for not less than for the MB Act, 1961, for number of days you have completed in the present employment. If there is no mention in the appointment letter of these benefits,please do not get panicky, the law provides that the employer does not absolved of, from the compliance of Maternity Benefits Act, 1961. If you are eligible,in addition to the 12 weeks leavee, you are also eligible for a Maternity Bonus of Rs.2,500/- as per the Act.
As per the provisions of Act, “only those woman employees are entitled for maternity benefit who have "actually worked in an establishment of the employer from whom she claims maternity benefit, for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery".
Accordingly, your case also falls within the purview of the Act, provided you fulfil these parameters in all respects.
I wish you a Very Good Luck and hope your employer gets the legal wisdom to consider your case favourably.

Thanks to all who have contributed to this issue.

Praful M Lale
Labour Law Consultant
(M) 9820445140

From India, Mumbai
Maternity bonus is increased to Rs3500 by a notification in December 2011.
From India, Pune
I work for a service oriented comapny(private). I have worked for nearly 120 days. and due to medical issues during pregnancy i m on loss of pay right now. The company HR has told me that i need to work for 160 days to avail maternity benefits. I told them that it is ammended to 80 days. But they are denying it and saying that they consider 160 days. Please help me on this.

From India, Bengaluru

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