Ir Manager
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Thread Started by #poornima-s

Hi whether company should provide me full payment salary for 6 months of maternity leave or just basic salary.. please help with answer
30th April 2018 From India, Udupi
Dear Experts,
I am pregnant and working in pvt. organization for the last four years.My due date is on Sep,4th and recently my boss/ director has changed my profile from backend to sales & marketing. Beacause of pregnancy, it is becoming hard to go in the market in this scorching sun. My concerns are :
1. Can I ask for maternity leaves from May,15th or how much in advance we can ask for it ?
2. Is there any rule for us, if they can ask for resignation from me?
As they had already told us there is no position for backend team from me so I can't ask for that. Kindly do let me know any options if available for me to avail maternity leaves
1st May 2018 From India, Jaipur
Pl meet HR team and explain your problem to them(They should be aware of your medical condition by now)
The law provides that 8 weeks prior to due date, concerned person should not be put on heavy duty which can affect the medical condition.One additional month is also provided in the act.All this means the company really cannot make you run in hot sun.
They cannot dismiss you during this period.
Extract of bare act
4. Employment of or work by, women prohibited during certain periods
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, 1[miscarriage or medical termination of pregnancy].
(2) No women shall work in any establishment during the six weeks immediately following the day of her delivery 2[miscarriage or medical termination of pregnancy].
(3) Without prejudice to the provisions of section 6, no pregnant women shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be-
(a) The period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) Any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6
6 week period has been increased in 2017 to 8 weeks.
So deal with the problem confidently as you have law behind you.May be the matter of few days only where in your maternity leave can be asked.
Be polite and courteous when you speak to them.
1st May 2018 From India, Pune
Thanku so much Nathao ji....Can you please share your contact no.. as need to ask something only if you are okay to share it!
3rd May 2018 From India, Jaipur
Dear Ms.......
Not to worry, Maternity Benefit Act is for protection.
Please immediately obtain a medical certificate from your treating Doctor /Hospital and submit the same, informing them about your inability to travel inview of your pregnancy.
With regards
3rd May 2018 From India, Secunderabad
if my due date is on November 2018 and i have joined new company on April 2018 am I eligible for maternity leave ?what should i do if company ask me for resign ? please tell me ?
4th May 2018 From India, Pune
Payment of Maternity Benefits Act lays down that any women employed, whether directly or through any agency, for wages in any establishment is eligible to claim maternity benefits if she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery. (Section 5 of the Act )
So you should be entitled for Maternity benefits.
The company cannot legally dismiss you during maternity leave periods.
Do not resign.
Inform the company of your pregnancy.
Law is there to protect ladies who are pregnant and regulating working conditions.
5th May 2018 From India, Pune
Dear Dayanand & Natharao Ji,
In how much advance I can ask for maternity leaves before my due date as for me still four months to go? Kindly suggest!
5th May 2018 From India, Jaipur
Dear Ms.
No need to worry about this,you can contact to concerned person(HR) with your medical supporting document .
They are aware about the latest amendment of Maternity benifit (Act-1961) .
I hope they will support you .
5th May 2018 From India, Mumbai
Pl read my reply above, your query is addressed in the answer.
6th May 2018 From India, Pune
I would like to answer your query whether company should provide you full payment salary for 6 months of maternity leave or just basic salary as follows:-
Section 2(n) definition of wages includes all remuneration that means includes Basic Wages, all such allowances (including dearness allowance and house rent allowance), incentive bonus and the money value of concessional supply of food grains and other articles
Hence in your case the employer is liable to pay Gross salary drawn by you at the time of availing the Maternity Benefit Leave.
S G Management Services
6th May 2018 From India, Kolkata
As per your question regarding how early you can avail leave is below.
As you mentioned your expected date of delivery is 4th Sep 2018, so, if you go back to 8 weeks before your expected delivery it would be coming 11th June 2018. You may avail maternity leaves from 11th June 2018.
Hope this suffice your query.
7th May 2018 From India, Mumbai
Sir, will it be from June, 11th or July,11th ?
Also, if I want my maternity benefit before 8 weeks I meant around by mid of May then it will be possible or not?
8th May 2018 From India, Jaipur
In reference to the query above, I would like to apprise you that please refer to you Appointment letter wherein your JD has been described.
In case there is no clause in appointment letter wherein the management has not mentioned to change the JD, they cannot implement it.
Please address an application to the HR team apprising them about your medical health.
The alternative you have is to avail EL which can be latter clubbed into your maternity Leave.
I further suggest you should fight for your rights.
In case of any other assistance please feel free to shoot any other query.
Thanks in anticipation.
Looking forward to hearing from you,
Many thanks
Shamsheer Pal Singh Dhillon
Head Legal
9th May 2018 From India, Mohali
Observing that the state cannot discriminate in granting maternity leave, the Bombay high court has allowed a member of a consumer panel to take maternity leave for six months.
“In our opinion, there can be no discrimination in the matter of granting the maternity leave benefit of 180 days to a member of the district forum who is appointed on a fixed tenure of five years only on the grounds that she is not a government servant,” said a division bench of Justices Shantanu Kemkar and Makarand Karnik in its May 4 order.
The court’s verdict came on a petition by Prerna Kalunkhe-Kulkarni, a member of the District Consumer Disputes Redressal Forum in Nashik, for a direction to grant her maternity paid leave for six months. After 18 weeks of pregnancy, on December 4, 2017, she wrote to the president of the state consumer disputes redressal commission to grant her maternity leave. Since she got no response, she moved the high court.
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The state’s advocate said she was denied 180-day maternity leave as she was appointed on a tenure post and the Maharashtra Civil Service (Leave) Rules 1981 do not apply to her. But her advocate argued that she has to be regarded as a government employee.
The judges noted that Supreme Court has extended benefits under the Maternity Benefit Act, 1961, even to women employees of municipal corporations working on daily wages and HCs too have allowed petitions to grant maternity benefits to employees hired on contract or on ad hoc basis.
The judges said in Maharashtra benefits under the Act have been made available only to government servants under the 1981 Rules. “The benefits of enhanced maternity leave to women employees are undoubtedly... intended to give them equal opportunities in public employment,” the bench said, adding that the state’s stand cannot be countenanced as it would amount to discrimination against women employees only because they are on tenure posts.
Allowing her petition the judges said, “For the purpose of granting maternity leave, the petitioner is entitled to 180 days’ maternity leave since she is working in a tenure post of the district forum established by the government.”
My Comments
this clarifies the importance GOI gives to Maternity leave and women welfare.
11th May 2018 From India, Pune
Thanks a lot to both of you!
Now I literally think I can avail my maternity benefits!
11th May 2018 From India, Jaipur
you are employed in a Pvt concern. Your company is covered under ESI act.It is under shops and establishment or Factories act.
Most of the employer's are not willing to give maternity benefit to their employees. They made employees to resign stating that unauthorized absence for duty .
Try to discuss the matter with your departmental head and solve.
If you don't want to continue after maternity you can fight legally .
14th May 2018 From India, Chennai
One of my friend is absent from 2 month. He was medically unfit and facing from typhide disease when he became fit his father became sick. So He could not join duty from 2 month. He has all medical prescription of doctors and medical reports. His father is facing with three problems first he is facing from Parkinson disease,second he has minor fracture on leg and third he has prostate problem also. Treatment of all disease is going on my friend is almost fit but his father is on bed rest.due to these problems he wants to resign and try for other job near to home so that he can look after to his first query is if he resign from service department will not accept second query is department issue show cause notice can he submit resignation with his genuine reason.
25th May 2018 From India, Kolkata
As the question asked in anonymous way, but still answer to query in one sentence is as follows:
"Consider said female employee who opted maternity leave, as same as she is working in establishment and not on leave and pay her as per that on monthly basis"
Girish Vivalkar
Indian Labour Law and Human Resource by GIRISH JAYRAM VIVALKAR
12th June 2018 From India, Pune
Woman Employee Benefits Maternity Benefit Act, 1971 assures the benefits to working women because at the productive stage they are exposed to special risk during pregnancy.
The objective of this Act is to let the working women take rest during the period of pregnancy and for few days even after childbirth. This rest period being considerably long, therefore, this Act ensures that the employer does not terminate the employment because of the long leave.
The employers covered in the Act are PROHIBITED:
For knowingly employing any woman or taking work by a woman during a certain period, i.e., 6 weeks immediately following the date of delivery or miscarriage.
On request, a woman cannot be given any work of the following nature:
- which is arduous in nature
- which requires long hours of standing
- which in any way is likely to interfere with her pregnancy
- which in any way is likely to interfere with the normal delivery of a child.
Sec. 6 specifies the period for leave under this Act:
One month immediately preceding the period of 6 weeks before the date of delivery. Any period during the said 6 weeks for which the pregnant woman does not avail of leave of absence. However, a woman is required to apply, stating the period to avail of the benefit.
Sec. 5, any pregnant woman is entitled to, and the employer shall be liable for, the payment of her maternity benefits at the average daily rate for the period as specified above.
The following conditions are to be fulfilled before maternity benefits become payable:
The woman should have worked for at least 80 days in that establishment.
The maximum period for which that woman is entitled to the benefits is restricted to 12 weeks, of which not more than 6 weeks shall proceed the date of her expected delivery.
14th June 2018 From India, Mumbai
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