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I work in an unaided private school in Mira road. I wanted to know the Maternity leave policy which unaided private school should adhere to
I have read that a women shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less then eighty days in the twelve months immediately proceeding the date of her expected delivery (section-5[2]) Now here it is mentioned 80 days in the 12 months.
Does this Act imply for unaided private school in Mira road with more than 50 employees?
If an employee has worked for 2 years and still company claims you to be on probation will this law be applicable?

ESI Covered Employees get maternity Benefit from ESI Corporation.Employees not covered under ESI Act, come under the purview of maternity Benefit Act,1961(Employer will pay the benefits)since, you have stated that school is Employing more than 50 Employees, it is believed that School is covered under ESI Act. Maternity Benefit is paid to all Employees including Confirmed/Probationer/Temporary/Contract etc subject to eligibility conditions.
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

From India, New Delhi
Maternity benefit under the Maternity Benefit Act (not under ESI Act) is applicable to unaided private school with 50+ employees.
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.

From India, Kolkata
I work in a school and my probation was for 1 year and after completing was availing all the benefits of permanent employee liked increment, CL, PL and SL. However school has a rule that confirmation letter is only issue along with Experience letter hence the school doesn't give any employee the confirmation letter until one resigns. When I asked for Maternity (on completing 2 year with the school) as per Maternity act 2016 they forced me to resign and when refused issued a letter stating "your probation is extended, since your work is not satisfactory you stand released".

"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,

From India, Thane

Attached Files
File Type: pdf Maternity Benefit (Amendment) Act,2017 -Clarifications.pdf (731.6 KB, 687 views)

Dear Monijes21,

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.

From India, Delhi
Apart from what the forum members has replied, please let us know whether you have given them the notice for Maternity Leave and/or Maternity Benefits. If the same has been send to them prior availing your MB then no employer can terminate your services apart from gross misconduct. As already mentioned by senior members the eligibility criteria for MB is 80 days service in last 12 months before proceeding for ML., whether you are probationer or contractual except domestic are eligible for MB. If you are forced to resign please send an application to the Labour Department and you will legal stand wherein the employer are punished as per the Act.
From India, Ahmadabad
Asking you to leave is illegal and amounts to termination of service.
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.

From India, Kolkata
Ministry of Labour & Employment vide their circular no.S-36012/03/2015-SS-1 dated 12th April, 2017 have published clarifications on The Maternity Benefit (Amendment) Act,2017 in a very simple manner which any layman can understand. The circular was attached alongwith my Post on 19th April, 2017. However, till date members are repeating the same in different language and confusing the person seeking help.
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.

From India, Thane
Pl. suggest any teaching staff working last 03 year in education institute , she is applicable MATERNITY Benefit Act, 1961.
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,
Deepak Johari

From India, Mathura

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