From Anonymous
Hello Sir/Mam,

I am working as senior software engineer in an IT company from last 2 years. I wan to know that Is Maternity Leaves paid for all IT companies with more than 10 employees or it depends upon company's HR department to provide paid leaves or non paid?

Please help me on this.

Thanks,
Pooja
19th June 2017 From India, Chandigarh

Hello Pooja,

It is applicable to all type of private companies.

Attached is the amendment copy. You can refer www.simpliance.in for more labour law related files, here you can download for free and you can chat with labour law experts for clarification.

Thanks
19th June 2017 From India, Bengaluru

Attached Files
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File Type: pdf Maternity Benefit Amendment Act 2017 applicable from1.4.2017.pdf (1.10 MB, 58 views)
Hi Guys, I have a question regarding new maternity benefit, lets say if someone joins the organization on initial stage of pregnancy ( like 1 or 2 month ) and this neither disclosed by employee nor HR is aware about . And then after completing 3 months with organization this employee would seek for maternity benefit. In such case, would MB will be applicable or not ???

Looking forward for your valuable answers.

Thanks in advance.

Regards
Nidhi
19th June 2017 From India, Jaipur
before applying for Maternity Benefit under The Maternity Benefit Act, 1961, Women Employee should have worked for minimum 80 (Eighty) days in the 12 months, immediately preceding the date of her expected delivery. If the Employee is eligible for benefit the same should be provided.Non disclosure of Pregnancy can not be the ground for denying benefit to an eligible Employee.You have to find out about eligibility factor setting aside non disclosure of pregnancy.
20th June 2017 From India, New Delhi
Hello HR Team,

Thanks for your reply. In case Company said that they will pay only basic salary not the actual salary then what should we do in that case? My company has more than 40 employees and I am working there from last 2.3 years.

Thanks
Pooja
3rd July 2017 From India, Chandigarh
First discuss with your HR team and if they are not aware make them aware of MB amendment act 2017 - "They have to pay in full excluding performance insentive or bonus"; in case they do not agree escalate it to higher level - as per company policy - if nothing works, then you can raise your complaint as below( No employer has right to put an expecting mother under any sort of duress)

The Central Industrial Relations Machinery (CIRM) in the Ministry of Labour is responsible for enforcing this Act. CIRM is an attached office of the Ministry and is also known as the Chief Labour Commissioner (Central) [CLC(C)] Organisation. The CIRM is headed by the Chief Labour Commissioner (Central).

No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act and no such complaint shall be filed after the expiry of one year from the date on which the offence is alleged to have been committed
3rd July 2017
Stay smiling, Cheers! M
Dear Pooja, Please find definition of Wages as per The maternity Benefit Act, 1961 for your Perusal.
4th July 2017 From India, New Delhi

Attached Files
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File Type: docx Definition of Wages as per MBA.docx (11.6 KB, 4 views)
 

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