Thread Started by #Nilofar0101

Hi, I work for an MNC in Gurgaon. I have recently returned from my paid maternity leave. My question is this : If I were to resign now (I now feel i am unable to handle work and home), am I required by law to pay back my 6 month maternity leave pay? Can my firm impose this clause on me now?
I have not signed any bond/document. However, there is a generic policy document on the firm's website that states i will have to return my maternity pay if i resign within a year of joining. I wish to know if this can be upheld by law if challenged?
20th July 2018 From India, Gurgaon
An Act to regulate the employment of women in certain establishments for certain period before and after child-birth and to provide for maternity benefit and certain other benefits. In my opinion i do not think company can not make a rule of returning the maternity benefit received and if imposed can be challenged.
20th July 2018 From India, Madras
Dear Ms. Nilofer,
No policy or rules of an organization whether it belongs to the Public or Private Sector can override the provisions of any Statute passed by the Parliament or a State Legislative Assembly. The Maternity Benefit Act, 1961 is a protective and beneficial legislation to ensure the employment rights and benefits of women employees during the pre-natal and post-maternity phases in consonance with the Directive Principles of State Policy as set out in Art. 39 and in other Articles especially Art. 42 of the Constitution of India. Therefore, such a legal benefit granted to a woman employee because of her pregnancy cannot be called back because of the termination of her employment for whatever reason afterwards.
Therefore, you need not pay back the amount of maternity benefit you received.
20th July 2018 From India, Salem
My suggestion is that you should join for 1-2 month or 15-20 days and then resign saying that it is difficult for you to manage your office and home properly. This will save u from such confusion.
Regards
21st July 2018 From India, Patna
Dear sir,
I would like to start a Housekeeping service providing company. Before starting the company What are the licence to be taken from he government sector and Statutory documents i required to submit to the government.
Kindly advise me and Need your guidance regarding this.
Thanking you,
With Warm regards,
22nd July 2018 From India, Mumbai
Dear sir,
I would like to start a Housekeeping service providing company. Before starting the company What are the licence to be taken from he government sector and Statutory documents i required to submit to the government.
Kindly advise me and Need your guidance regarding this.
Thanking you,
Chamunda services
22nd July 2018 From India, Mumbai
A rather simple answer to your query - Nope. There is no provision under law that your employer can demand the benefits (cash or kind) paid to you on account of maternity under the provisions of Maternity Benefit Act. However, consider the flipside - Employer extended all the benefits to you as per the mentioned act, and now you would want to quit. To deter employees from doing so, they would mentioned it in the policy, however there is no provision under law to demand the benefits back.
23rd July 2018 From India, Delhi
Maternity Benefits are granted by law for women empowerment and welfare.
Firms pay such benefits to entitled employees, but for them it is like paying 6 months wages w/o working and adds to their costs.
While no law can stop you from leaving without any fear of having to repay anything to the firm, it should be borne in that such actions affect working women at large.
Many firms decline women employees because of these additional costs.
https://economictimes.indiatimes.com...w/64372836.cms
Ideally you should work and then after few months leave if situation demands.
Specific to your query-the generic directive about repayment of maternity benefits-hold no water and are in violation of existing laws.
24th July 2018 From India, Pune
Hi Nilofar,
Laws passed by Indian parliament are supreme. No firm/organisation can override them.Therefore, monetary benefit granted to a woman employee because of her pregnancy cannot be taken back. because of the termination of her employment for whatever reason from either side.
So, paying back the amount of maternity benefit you received is ruled out.
Regards,
Dinesh
24th July 2018 From India, Hyderabad
The company should technically withdraw its anti-social statement of recovering maternity benefits extended to an employee that is mandated by law and apologize to the employee for a casual attitude of the law. And if the company has recovered such amounts from its employees, monies recovered should be returned with interest to its former employees.
25th July 2018 From India, Mumbai
You are NOT required to return your maternity benefit to the company even if you resign from your service just after enjoying the 26 weeks of maternity benefit.
However, you are required to serve notice period as per the terms of your employment/ appointment (Serving of notice period has nothing to do with your pregnancy/ enjoyment of maternity benefit)
5th August 2018 From India, Kolkata
To your query First read the Maternity Benefit Policy-
If you had join the organisation before 6 Months as expected the delivery. Then you are eligible for Maternity benefit.
Now after the taking benefit and delivery, if you are not able to work and you can show medical certificate and prescription you can take a benefit another 6 months which will be not payable. But as you mentioned that you are not willing to work after maternity leave. If company has provided you the maternity benefit once and you have satisfied the eligibility of getting Maternity Benefit, then employer is not able to ask you pay it back.
Again you have one more right that is under the physical fitness you can ask for resignation and lead your life if you wish to.
11th August 2018 From India, Hyderabad
If employer forces to pay back maternity benefit amount you can complaint about him at area's Labour Department.
But your working days in company has not to be less then 80 days in 12 month's for eligibility for Maternity Benefit Act.
You'r employer can't take money back as it is your right and also i would like to suggest you see your rights in book of Maternity Benefit Act for actual knowledge.
23rd August 2018 From India, Noida
Madom
You are comfortably allowed to leave the company as u like.No one is going to object you.You can take rest and retain at home.or after few months you can opt this company or any company or Remain as HW
If this company asks such repayment if any take the protection of law.
.
28th August 2018 From India, Nellore
Company may not give relieving letter but
30th August 2018 From India, Mumbai
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