Hello HRs,
I'm 9 months pregnant and have been working in my current company for 2.3 years. Here, we have a 2-year probation period (It's a group of schools, hence an educational institute). Recently, my last appraisal as part of the 2-year completion has happened, and my boss told me that my performance is not good. They will evaluate my performance and inform me whether they will continue with me before I go on maternity leave.
The performance issue came up suddenly on the appraisal day; otherwise, no one had complained before. Another twist is that they are stating since we are an educational institute, we are not required to provide 6 months of maternity leave; they only offer 3 months. As I'm not a confirmed employee, I will only receive 1.5 months of maternity leave.
I have a couple of questions:
- Do educational institutes not fall under the Maternity Act?
- Can I resign during maternity leave?
From India, Pune
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33I'm 9 months pregnant and have been working in my current company for 2.3 years. Here, we have a 2-year probation period (It's a group of schools, hence an educational institute). Recently, my last appraisal as part of the 2-year completion has happened, and my boss told me that my performance is not good. They will evaluate my performance and inform me whether they will continue with me before I go on maternity leave.
The performance issue came up suddenly on the appraisal day; otherwise, no one had complained before. Another twist is that they are stating since we are an educational institute, we are not required to provide 6 months of maternity leave; they only offer 3 months. As I'm not a confirmed employee, I will only receive 1.5 months of maternity leave.
I have a couple of questions:
- Do educational institutes not fall under the Maternity Act?
- Can I resign during maternity leave?
From India, Pune
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Every pregnant employee of an establishment is entitled to Maternity Leave & benefits.
Educational institutions are also covered under State's Shops and Commercial Establishments Act. All service/employment laws applicable to establishments registered under State's Shops and Commercial Establishments Act are applicable to educational institutions as such Maternity Benefit Act 1961 is also applicable.
You may refer to the discussion in this regard had in this forum, pl.browse this link-
https://www.citehr.com/494787-applic...-download.html
There are other instances also in extending MB to women employees- Following judgments/case laws could be referred to clarify any doubts on extending Maternity benefits to women employees.
1) In Mrs. Neera Mathur v. Life Insurance Corporation of India, the petitioner’s employment with the LIC was terminated after she returned from maternity leave. The reason given was that she had withheld information about her pregnancy in a questionnaire she had filled out at the time of her appointment. After a perusal of the questionnaire, the Supreme Court found that it required female candidates to provide information about the dates of their menstrual cycles and past pregnancies. The Court held that the questionnaire was an invasion of privacy and directed the LIC to reinstate the petitioner and delete the offending columns from its future questionnaires.
2) Consider Sundays and unpaid holidays for computing period of work to qualify for maternity benefits:
In Ram Bahadur Thakur (P) Ltd. v Chief Inspector of Plantations, a female worker employed at the Pambanar Tea Estate was denied maternity benefits on the grounds that she had actually worked for 157 days instead of the 160 days required to qualify for them. The Supreme Court, however, held that for the purposes of computing maternity benefits, all days including Sundays and unpaid holidays must be taken into consideration.
3) Daily wagers must get benefits too:
In Municipal Corporation of Delhi v. Female Workers’ (Muster Rolls) and Another, the Municipal Corporation of Delhi stated that it granted maternity leave to its regular female workers but not to the daily wage ones, that is, the ones on the muster rolls. The respondents argued that the practice was unfair as there was hardly any difference in the work allotted to female workers who were regular and those who were on daily wage. Accepting the contention, the Supreme Court upheld the right of female construction workers to be granted maternity leave by extending the scope of the Maternity Benefits Act, 1961 to daily wage workers.
4) Two years uninterrupted childcare leave
In a landmark case- Kakali Ghosh v. Chief Secretary, Andaman & Nicobar Administration and Others, the main question was whether a female employee of the Central Government could ask for 730 days of uninterrupted child care Leave under the Central Civil Services (Leave) Rules, 1972. Justices S.J. Mukhopadhaya and V. Gopala Gowda of the Supreme Court held that a female employee of the Central Government is entitled to two years uninterrupted leave for childcare, which may also include illnesses and schoolwork. It held that the judgment of the Calcutta High Court, Circuit Bench at Port Blair was ignorant of the rules framed by the Central Government and directed the respondents to comply with the directions issued by the Central Administrative Tribunal, Calcutta, Circuit Bench at Port Blair.
In your case what I could suggest, since you are already in the 9th month, you should immediately file your application for grant of maternity leave in the prescribed form together with the medical certificate from a regd.medical practioner of a govt.hospital, preferably from a Gynaecologist and go on availing the leave, don't mention any period of leave, but mention only "under the Maternity Benefits Act". Make sure they approve the leave and obtain a copy of the approval. If they mention any period in it, say 3 months or some thing else, don't say anything, go on leave. After your safe delivery intimate your office with a medical certificate and mention there that you are going to avail 26 weeks Maternity leave in full. Don't forget, in addition to this you are eligible for child care leave also thereafter.
During the maternity leave you are free to resign but your employer has no right to terminate on frivolous reason like maternity leave, if they do so it's illegal.
Read the Maternity Benefit Act attached for your understanding and future use.
From India, Bangalore
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Educational institutions are also covered under State's Shops and Commercial Establishments Act. All service/employment laws applicable to establishments registered under State's Shops and Commercial Establishments Act are applicable to educational institutions as such Maternity Benefit Act 1961 is also applicable.
You may refer to the discussion in this regard had in this forum, pl.browse this link-
https://www.citehr.com/494787-applic...-download.html
There are other instances also in extending MB to women employees- Following judgments/case laws could be referred to clarify any doubts on extending Maternity benefits to women employees.
1) In Mrs. Neera Mathur v. Life Insurance Corporation of India, the petitioner’s employment with the LIC was terminated after she returned from maternity leave. The reason given was that she had withheld information about her pregnancy in a questionnaire she had filled out at the time of her appointment. After a perusal of the questionnaire, the Supreme Court found that it required female candidates to provide information about the dates of their menstrual cycles and past pregnancies. The Court held that the questionnaire was an invasion of privacy and directed the LIC to reinstate the petitioner and delete the offending columns from its future questionnaires.
2) Consider Sundays and unpaid holidays for computing period of work to qualify for maternity benefits:
In Ram Bahadur Thakur (P) Ltd. v Chief Inspector of Plantations, a female worker employed at the Pambanar Tea Estate was denied maternity benefits on the grounds that she had actually worked for 157 days instead of the 160 days required to qualify for them. The Supreme Court, however, held that for the purposes of computing maternity benefits, all days including Sundays and unpaid holidays must be taken into consideration.
3) Daily wagers must get benefits too:
In Municipal Corporation of Delhi v. Female Workers’ (Muster Rolls) and Another, the Municipal Corporation of Delhi stated that it granted maternity leave to its regular female workers but not to the daily wage ones, that is, the ones on the muster rolls. The respondents argued that the practice was unfair as there was hardly any difference in the work allotted to female workers who were regular and those who were on daily wage. Accepting the contention, the Supreme Court upheld the right of female construction workers to be granted maternity leave by extending the scope of the Maternity Benefits Act, 1961 to daily wage workers.
4) Two years uninterrupted childcare leave
In a landmark case- Kakali Ghosh v. Chief Secretary, Andaman & Nicobar Administration and Others, the main question was whether a female employee of the Central Government could ask for 730 days of uninterrupted child care Leave under the Central Civil Services (Leave) Rules, 1972. Justices S.J. Mukhopadhaya and V. Gopala Gowda of the Supreme Court held that a female employee of the Central Government is entitled to two years uninterrupted leave for childcare, which may also include illnesses and schoolwork. It held that the judgment of the Calcutta High Court, Circuit Bench at Port Blair was ignorant of the rules framed by the Central Government and directed the respondents to comply with the directions issued by the Central Administrative Tribunal, Calcutta, Circuit Bench at Port Blair.
In your case what I could suggest, since you are already in the 9th month, you should immediately file your application for grant of maternity leave in the prescribed form together with the medical certificate from a regd.medical practioner of a govt.hospital, preferably from a Gynaecologist and go on availing the leave, don't mention any period of leave, but mention only "under the Maternity Benefits Act". Make sure they approve the leave and obtain a copy of the approval. If they mention any period in it, say 3 months or some thing else, don't say anything, go on leave. After your safe delivery intimate your office with a medical certificate and mention there that you are going to avail 26 weeks Maternity leave in full. Don't forget, in addition to this you are eligible for child care leave also thereafter.
During the maternity leave you are free to resign but your employer has no right to terminate on frivolous reason like maternity leave, if they do so it's illegal.
Read the Maternity Benefit Act attached for your understanding and future use.
From India, Bangalore
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They are saying, once GR comes from the Education Department, then only can avail leave for 6 months. Otherwise, if I take leave before the baby comes, it will go as PL, and after the baby comes, it will be considered as ML. ML will be 45 days as I'm not a confirmed employee. I don't want to get into a legal fight! What can I do?
From India, Pune
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From India, Pune
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Hi,
Whoever and however they are placed, every citizen/authority of India has to abide by the Acts/Laws/Rules of the land. If anybody dares to violate the law, they are punishable as per the provisions of the very same law. If you are not prepared for a legal recourse right now, I would suggest first availing the leave that is approved. Ensure to have a safe delivery and, in due course, at the right time, address other legal matters for a just solution. However, don't forget to mention "Maternity Leave/benefits as per the Act/Rule" with a Medical Certificate from a Government Hospital and obtain written approval so that it will help you later. Don't worry, keep calm, take care of your health and the baby, and the rest of the things will fall into place in due course.
From India, Bangalore
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Whoever and however they are placed, every citizen/authority of India has to abide by the Acts/Laws/Rules of the land. If anybody dares to violate the law, they are punishable as per the provisions of the very same law. If you are not prepared for a legal recourse right now, I would suggest first availing the leave that is approved. Ensure to have a safe delivery and, in due course, at the right time, address other legal matters for a just solution. However, don't forget to mention "Maternity Leave/benefits as per the Act/Rule" with a Medical Certificate from a Government Hospital and obtain written approval so that it will help you later. Don't worry, keep calm, take care of your health and the baby, and the rest of the things will fall into place in due course.
From India, Bangalore
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Hello Kumar Sir, If I write in my leave application ""under the Maternity Benefits Act" then they will not approve my leave.
From India, Pune
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From India, Pune
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Please don't try to assume things beforehand. Maybe just mention that it might get paused as well. Keep your records straight. Alternatively, just mention maternity leave if they refuse initially.
From India, Bangalore
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From India, Bangalore
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Yes right! I’ll do this. Thank you so much sir..I really appreciate your prompt reply and a great help.
From India, Pune
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From India, Pune
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I am also having the same query. I have completed 6 months in a company that has a probation period of 3 months. I have not yet received the confirmation letter. They keep saying they will do it. I am 3 months pregnant. Will I be eligible for maternity leave?
From India, Mumbai
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From India, Mumbai
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Dear Prapti,
Your service automatically confirmed if the probation period is completed, as mentioned in your appointment letter, and the company has not issued you any extension letter. You are eligible to receive maternity benefits from the said company as you have completed 160 days.
Regards,
Kailash Sharma
From India, Faridabad
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Your service automatically confirmed if the probation period is completed, as mentioned in your appointment letter, and the company has not issued you any extension letter. You are eligible to receive maternity benefits from the said company as you have completed 160 days.
Regards,
Kailash Sharma
From India, Faridabad
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Maternity Benefits Act 1961.pdf
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(Fact Checked)-Thank you for the prompt answer. (1 Acknowledge point)