Nathrao
Insolvency N Gst Professional
Riteshmaity
Labour Law Advocate
Dr Sarita
Doctor

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I am working in a private medical college since 13 July 2017 and applied for maternity leave on 26 March 2018. My delivery date was 17 april. Earlier the HR was saying that they will give leave with pay for 1.5 month..they even not have paid my salary for march..when i asked for salary and maternity benefits..he said they will pay for march but for maternity benefits he will talk to his seniors and all..and now he is not even picking up my calls.. they are actually deficient of staff.. it seems when I will join only then they will give my march salary and will not pay for maternity leave period..and nothing was mentioned about maternity benefits in my joining letter..
Sir plz tell me
- Am I eligible for maternity benefits as I work in a pvt institute.. I don't know whether that institute comes under ESI scheme or not.
- in which legal section it's mentioned that pvt institutes are also bound to pay the benefits for 24 weeks..
-they haven't mentioned anything about maternity benefits in joining letter.. how it will help me.
-employer is to pay full salary or only basic pay
-How long should i wait if they just keep on giving excuses or asking me to wait

From India, Panipat
How many employees are there?
You are entitled to Maternity Benefits.
Please address a proper letter to your employer giving details of delivery dates and period of leave etc.
Maternity benefiis are a facility given by GOI to all women employees subject to conditions in MB act.
Kindly read the bare act to get a basic idea.
In case of refusal,you can approach Labour officer of the area.

From India, Pune
If you are an insured person (i.e. ESI contribution is deducted from your salary), then you will get the benefit under the ESI Act and your company will not be responsible for making any payment. But if you are not an insured person (if your salary is above Rs.21,000/- pm) then you do not come under the purview of ESI Act. In that case you will be protected under the Maternity Benefit Act.
As per the latest position, a woman is entitled to maximum 26 weeks of maternity benefit i.e. 8 weeks before delivery and 18 weeks after delivery.
From your post, it is found that:
26 March 18 - Applied for leave
17 April 18 - Delivery
The company is supposed to pay (the prenatal benefit for 26 March to 17 April) at the earliest on receipt of application which you made on 26th March. So it is the duty of the company give you the prenatal benefit (max 8 weeks) as soon as they are informed about your pregnancy. The Act does not prescribe any specific time frame for payment of prenantal maternity benefit but encourages quick payment.
For postnatal maternity benefit, the payment has to be made within 2 days from the date of delivery. Since you delivered on 17th April, the management is required to give you the full postnatal maternity benefit for 18 weeks within 19th April.
This is the settled position. Anything else is violation of the Act. :D

From India, Kolkata
Anonymous
As I applied for maternity leave on 26 March 2018 and delivered on 17 April 2018, I have not been paid the salary for the month of March and had got benifits of maternity for only four months since then.Moreover, the managment is saying that they will pay for the month of March in one more week and the rest benifits for maternity I.e. two months will be paid after one month of continuous duties after joining the duties.I joined the institution on completion of my maternity leave and applied for leave without salary which I am availing till date.As they have not paid me in time, more so ever I am likely to quit the job. Kindly, guide how to probe the present scenario and avail the remaining maternity benifits and salary for the month of March.
Regards
Dr.Sarita

From India, Panipat
As I applied for maternity leave on 26 March 2018 and delivered on 17 April 2018, I have not been paid the salary for the month of March and had got benifits of maternity for only four months since then.Moreover, the managment is saying that they will pay for the month of March in one more week and the rest benifits for maternity I.e. two months will be paid after one month of continuous duties after joining the duties.I joined the institution on completion of my maternity leave and applied for leave without salary which I am availing till date.As they have not paid me in time, more so ever I am likely to quit the job. Kindly, guide how to probe the present scenario and avail the remaining maternity benifits and salary for the month of March.
Regards
Dr.Sarita

From India, Panipat
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