Srinath Sai Ram
Hr Manager
Riteshmaity
Labour Law Advocate
AnanthiDevi Kasivel
Senior Software Engineer

Hi I have joined in my current company on Dec 5 2016 , after one month i got confirmed that am pregnant .My expected delivery date is Sep 3 ,2017 . now i almost crossed 90 working days in the current company . When i asked about the maternity benefit my HR saying you are not completing one year of service in our company hence you are not eligible for the paid leave . you can take leave but it should be LOP only .
He noted the point in the act 1961 as below
'(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 1*[eighty days] in the twelve months immediately preceding the date of her expected delivery: '
Please some one reply me with proper information .
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Ask your HR to get guidelines from a consultant or any seniors, the Act says (as you have posted above)
No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 1*[eighty days] in the twelve months immediately preceding the date of her expected delivery. So since you have already worked for/completed 90 days of service, you are elegible for MB as the Act.
you are eligible for maternity benefit under the maternity Benefit Act, 1961.During July-2017 (8 Weeks before expected date of delivery)submit Medical Certificate by Registered Medical practitioner mentioning expected date of delivery.Till then do not worry.update us about developments for further appropriate course of action.meanwhile take care of your health & focus on your job
You are entitled to the benefit since you have already worked for more than 80 days. Simply apply in prescribed form and keep an acknowledgment of submission of the application/ form for your future reference. Your job is done.
Let the HR refuse your application in writing.
Ok thanks for all your comments and guidelines . I will get certificate from the doctor and submit the maternity forms to HR . I will update the status soon .
Thank you so much .
Regards,
Ananthi Devi Kasivel
Maternity leave laws are needed in any legal framework to protect the rights of women employees. The rights include pay, compassion and certain privileges for the pregnant employee from the employer.
The Act also includes the education of women employees on their maternity benefits and rights at the workplace.
The maternity policy varies from one company to other so one need to inquire from their respective HR department for the details.
Some organizations give facilities to their women employees to work from home or arrange for a daycare facility in office premises for their employees.
Applicability of the Maternity Act
This Act applies to:
 Every factory, mine or plantation (including those who are belonging to Government)
 An establishment engaged in the exhibition of equestrian, acrobatic and other performances, irrespective of the no of employees, and
 Every shop or establishment wherein 10 or more persons are working on any day of the preceding 12 months.
Eligibility for Maternity leave
A woman is eligible to claim maternity benefits under the following conditions:
 Women employed in any establishment, whether directly or through any agency are eligible to claim maternity benefits
 The employee should have worked for her employer at least 80 days in the last 12 months
 A woman could request her employer to assign her light work to avail maternity benefits. This request should be made at least before 10 weeks of her date of expected delivery.
 The woman should produce a certificate 10 weeks before her delivery to the employer confirming her pregnancy.
 The employee needs to give written notice to the employer before 7 weeks of her date of delivery regarding her absence period.
Benefits of Maternity Leave
 Employees are entitled to get paid while they are on maternity leave
 The compensation is calculated on her average daily earning over a 3-month period as soon as the leave begins.
 The Act states that 10 weeks up to the date of delivery, no pregnant employee should be given difficult tasks that may affect both mother and child.
 The employee has the right to the crèche facility when she returns to her job after the maternity leave if an establishment has more than 50 employees.
 Maternity leave is available for mothers adopting a new-born (less than three months old) and the duration is 12 weeks from the date of adoption. There is no provision for adoption of older children.
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