Harsh Kumar Mehta
Consultant In Labour Laws/hr
Kumaran Praveen
Asso.prof.(commerce & Management) Pg
Software Engineer
+1 Other

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I am working in Software company. I have joined this company in Dec 2015 when i was 4 months pregnant and now i am in my 6th month. My company will give maternity benefits only those who have completed 180 days, but in maternity benefits i have read as 80 days of service is eligible for maternity benefits.
Is that true? In that case what should i do to get my maternity benefits from my current employer?

From India, Bengaluru
Hi Ms.Zara,
According to the Maternity Benefit Act-1961, An employee who completed 80 days of service before the expected date of delivery than she is eligible to claim maternity benefit from her employer. If your company tells you that it is 180 days than your company contradicting the provision mentioned in the law hence I suggest you to take this matter to HR to correct the same, surely your HR help you out.
With Regards
Mr.Thumbs Up

From India, Chennai
180 days may have been older rule but it is now 80 days. So you are indeed entitled for MB under the act.
From India, Pune
Hi Kumaran & Nathrao,

Does THE MATERNITY BENEFIT (AMENDMENT) BILL, 2007 says the same ???

Below is mentioned in my company leave policy

2.0 Maternity Leave (ML)

Company policy provides for 12 weeks of maternity for females employees as per the Maternity benefits act. Female employees can avail up to six weeks of leave in the unfortunate event of miscarriage. This is also as per the maternity benefits act. Company policy provides for 12 weeks of maternity for females employees as per the Maternity benefits act.

a. Entitlement:

1. This leave is applicable for pregnancy, delivery, post delivery and other provisions as applicable under the Maternity Benefit Act 1961 (AMENDMENT) BILL, 2007.

1. Women employees are entitled for the period of 12 weeks of maternity leave due to the delivery. The leave period could be split and taken before and/or after delivery.

2. In cases of illness arising due to pregnancy, etc., they are entitled to additional leave for a period of one month

3. Up to 6 weeks leave in the unfortunate event of miscarriage or medical termination of pregnancy.

4. To avail the maternity leave employees need to complete minimum 180 days of their service with the organization.

Will they terminate me if i talk about maternity benefits ?



From India, Bengaluru
does that mean employees who are in their probation period are not eligible to use the maternity benefits by the company???
I am confused and also do not know to handle this....
Kindly help.

From India, Bengaluru
There is no bar on an probationary employee claiming maternity benefits and the period of 180 days has been amended to 80 days. Other learned members may comment.
From India, Pune
1. Dear member, with reference to your question on issue"Does THE MATERNITY BENEFIT (AMENDMENT) BILL, 2007 says the same ???" as per your remarks as above, it is informed that any bill has no relevancy. Once any bill is passed by Parliament, it becomes an Act i.e. law to be followed by all concerned. As per bare Act available with me the Maternity Benefit Act, 1961 was last amended in the year 2008 vide which the rate of Medical Bonus was revised to Rs. 1000/- and the same has again been revised to Rs. 3500/- in the year 2011.

2. Since, you have specifically asked about benefits under the Maternity Benefit Act, 1961, hence it is presumed that you are not covered under ESI Act, 1948.

3. The condition of service of 180 days ( in the 12 months immediately preceding the date of expected delivery) was applicable only upto 09/01/1989 and since 10/01/1989, the eligibility condition has been revised to 80 days. Therefore, it appears that your company has not updated their maternity leave policy in accordance with amended provisions of said Act.

4. I think, you are working in Karnataka and therefore, if possible, you can purchase a updated bare Act alongwith Karnataka State Rules under the Maternity Benefit Act, 1961.Bare Act and Rules are available from Law Book Shops. From the Karnataka State Govt Rules under said Act you can find the procedure laid down for claiming the maternity benefit as prescribed by State Govt.viz. forms etc. Based on said Act and Rules you can discuss the issue with the concerned HR Officer of your establishment and in case the employer fails to act as per provisions of said law, you can take up the case with appropriate Officer of Labour Department of State Govt. as may be prescribed in said Rules. With best wishes.

From India, Noida
Queries re: Maternity Benefits are frequenting in our site. I only wish queriests should search for earlier post on the subject and if at all unresolved/unattended queries are still there such matters could be raised for clarity. For the convenience of the queriest earlier posts on related matters discussed here are listed which should help her to understand the issues involved better:








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From India, Bangalore
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