Please clarify about your Statement "If an employee has worked for 2 years and still company claims you to be on probation will this law be applicable?
are you Employed in Company or School?What is the probation period as per Appointment letter? are you an ESI Covered Employee?
please ask specific Question to give specific Reply
You have to work for at least 80 days in last 12 months from the expected date of delivery in order to get benefit of the Act.
e.g if expected date of delivery is 05.06.2017, then during the period of last 12 months i.e. from 05.06.16 to 04.06.17 you have to work for 80 days at least.
The Maternity Benefit Act does not discriminate between a contractual/ probationer/ temporary employee. So even if you remain a probationer for 10 years, you will be entitled to the benefit.
Please note that if an employee is under the coverage of ESI Act, then such employee will get the maternity benefit from ESI Act and not from the Maternity Benefit Act.
"Ab Voont Aaya Pahad Ke Niche".
Cite HR Members expects the query to the point with details to enable them to provide proper guidance. You were trying to hide some information which you have disclosed it now.
Members have already provided you valuable guidance, in addition
I am forwarding in attached file The Maternity Benefit (Amendment) Act,2017 -Clarifications for the benefit of yourself and others.
Based on the above you can lodge written complaint to the Labour department and also mark copy to the nearest Police Station of your School.
Take care, Regards,
As stated by the learned members (Mr Ritesh and Srinath), it is immaterial whether you are a probationer, contractual, permanent or temporary employee. The Maternity Benefit Act is applicable for all working women as per eligibility under the Act.
If you are not covered under ESI than the school is legally liable to pay you the Matenity Benefits. You have not stated whether you have already covered the maternity benefit period, or you have to avail the benefits. If you have already completed the maternity period before 01st April than you are eligible as per previous act (12 weeks benefits), in case you have to go than the benefit period will be 26 weeks.
Pls don’t give anything in writing. This is common practice by some organisations to ask the resignation from women while they need to avail the Matenity Benefits. Pls intimate the school administration / HR Dept regarding your maternity (alongwith medical descriptions/bills.
As per the Act it is unlawful for the Employer to “Discharge or Dismiss” any women during her benefit period or when she is eligible for the benefits.
Forcing you to leave is also illegal. Forcing if it really means so by any physical/ verbal threat (which I don't think) you may lodge a complaint before Police station (but do not think it is your case).
Please note that a woman cannot be terminated during maternity leave. If you have not applied for maternity leave, do it immediately under the prescribed form.
And regarding your extension of probation, it can be dealt with later, since your status of being a probationer/ contractual/ permanent employee does not affect your right to maternity benefit under the Act.
We can advise in one sentence approach Labour Department with the issue and mark submit acknowledged copy to the nearest Police Station of School Jurisdiction.
in case apply leave for born baby & care the institute notice for terminate , u r not permanent employee your services is terminated .
kindly suggest the case .
thanks & regards,