Dinesh Divekar
Business Mentor, Consultant And Trainer
Jeevarathnam
Sr. Manager Hr/admin
Nisha1990
Deputy Tl
Riteshmaity
Labour Law Advocate
Ravi_08
Hr (compliance Officer)
+2 Others

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Hi,
I am working for 4 years with the same company. when i approached my management for maternity leave, they said that they cannot give, as there is no clause about maternity leave mentioned in the companies policy. hence they cannot. also are asking me to put down my papers & consider 31st as my last working day and as a special consideration they will pay me for nxt mth (1 mth) even if i don't come & can join back with the same designation when ever i want to.
Is it necessary to have maternity clause mentioned in the companies policy (also there is specification about maternity leave in my appointment & offer letter) if i want to apply for it.
Please advice.

From India, Mumbai
HI Nisha
Company policies doesn't matter for Maternity leave. It is mandatory as per the statutory regulation. If at all you are not been provided the maternity benefits you can escalate the same to top management and later to the labour department
Apart from not providing maternity benefits no organisation can terminate or ask you to put down the papers if there is no any other valid reasons.
Both of the points are against the labour laws.

From India, Bangalore
Dear Nisha,
This is in addition to what Jeevarathnam has said. Maternity leave is sanctioned under the provisions of either Maternity Benefit Act, 1961 or ESI Act. Appointment letters issued by the private companies cannot override the laws made by either central government or state government. Unarguably you are eligible for the maternity leave. One more year in the employment and you will become eligible for the gratuity. Therefore, you need to escalate the matter now itself. If you cow down and put up letter of resignation, you will have break in service and you will forfeit gratuity also.
All the best!
Dinesh Divekar

From India, Bangalore
Yes, in addition to that if the employer refuses for the leaves,asks employee to join on maternity leaves or refuses for the salary. According to the MB Act 1961, there is imprisonment of 3 months to 1 year or fine 2000 to 5000 or both.
Best of Luck!

From India, Delhi
Companies policy is not above the Maternity Benefit Act. No matter what the manager tells you, you are legally entitled to maternity leave. Apply for maternity leave in writing with proper medical documents. I am sure such manager would not reject such application in writing.

The manager is asking you to put down your papers as he does not want to pay you salary during your maternity leave. He is not doing anything great by offering you extra one month pay. He is actually and illegally asking you to put down your papers so that your continuity of service is broken. Since you have already worked for 4 years, within a year you will be entitled to gratuity. But if you resign and join later, then I am afraid you have to start afresh and there is no guarantee that you will be appointed in future by the current company.

Under this circumstances, I suggest you make an application in writing along with medical papers and let the manager decide in writing. Upon his actions, you can decide on the next course of action. Good luck with your baby too.

Check my blog at www.labourlawhub.com

From India, Kolkata
Hi Nisha. The maternity leave benefit is apart of the factories Act which should be compulsory imparted to the female employees. A organization cannot terminate an employee on maternity grounds. As such the rule says 6 weeks before & 6 weeks after the delivery. In this matter you don't have to put down your papers, but has to inform well advance to the management about your absence from work.
From India, Pune
Hi, Thanks to all for the suggestion. After reading through i am now more confident to approach to the management again, and will definitely take appropriate action. Thanks again.
From India, Mumbai
Maternity Benefit will be as per Maternity Benefit Act. It is a statutory obligation of employer for payment. Non existence of clause in Appointment is nothing to do with this. As per rule, you will have to get the benefit as per Act ( 12 weeks salary) Pl. issue notice/letter to the management for payment.
From India, Hyderabad
I agree with learned friends.
Further , I want to add that a statutory provision can't be taken away by company policy.Rather, company policies should be devised in such a manner that it provides for all statutory provisions under all relevant acts which are applicable to that organisation.

From India
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