Maternity Eligibilikty - Based On Duration In Company - CiteHR
Samcy
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Riteshmaity
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Hello,
I started working for an NGO in India 6 months ago. I have been told I am not eligible for any maternity insurance benefits and will not be paid anything during my maternity leave as I have not completed one year with the company yet.
Is this legal? I read in the Maternity Act that I am "eligible" for the benefits since I have completed more than 80 days with the company (my due date is 2 months from now and I plan to continue working till the end) .. but the act no where says my firm has to "mandatory" give me the benefits. Does this mean if internal HR policy states 1 year, I cannot do anything about it? This is so inhuman.
Please let me know!

The law of the land supersedes any internal policy. You are entitled for Maternity benefit. You can download the maternity benefit act from the net and handover a copy to them. Many times, a few people in position of authority are ignorant of the consequences of non compliance of the law of the land. They can read the act themselves and get to know the law
The Maternity Benefit Act will be applicable to your NGO if there are 10 or more employees provided that it is not covered under the ESI Act.
And you are entitled to maternity benefit if you have work for 80 days or more.
The HR policies are immaterial and have no value in front of the Act.
You can send notice to your employer claiming maternity benefit u/s 6 of the Act.
Happy motherhood!!!

If your organisation is not covered under the ESI Act. then The Maternity Benefit Act will be applicable to your NGO if there are 10 or more employees .
And you are entitled to maternity benefit if you have completed 6 month in an organisation .
As per act 6 weeks paid leave prior to your Delivery and 6 weeks post delivery or 12 weeks post Delivery if not prior leave not taken . The HR policies are immaterial and have no value in front of the Act..
You can send notice to your employer claiming maternity benefit u/s 6 of the Act.

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