Thread Started by #sneha joshi

Hello HRs, I'm 9 months pregnant and working in my current company since 2.3 years. Here, we have 2 years probation period (Its a group of school, hence education institute) . Recently my last appraisal as a part of 2 years completion has happened and my boss told me that my performance is not good and they will see my performance and let me know whether they will continue with me or no about my confirmation before I go on a maternity leave.
This performance thing has come out of sudden on appraisal day otherwise no one has complained of anything.
Now the another twist is, they are saying we are education institute so we are not providing 6 months maternity leave, they give only maternity leaves for 3 months. As i'm not a confirmed employee I'll get only 1.5 months maternity leave.
I would like to know from you:
Do Educational institutes not come under Maternity Act? And can I resign during Maternity leave?
29th January 2019 From India, Pune
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.
29th January 2019 From India, Bangalore

Attached Files
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File Type: docx THE MATERNITY BENEFIT ACT-Definitions.docx (12.3 KB, 10 views)
File Type: pdf Maternity Benefit Amendment Act,2017 .pdf (187.7 KB, 14 views)
File Type: docx Maternity Benefit Act - Act Provisions reg.benefits.docx (18.9 KB, 14 views)

Thank you so much for prompt answer.
30th January 2019 From India, Pune
They are saying, once GR comes from Education Department then only can avail leave for 6 months. Otherwise if I take leave before baby comes it will go as a PL and after baby comes it will consider as ML. And ML will be 45 days as I'm not a confirmed employee.
I don't want to get into legal fight!
What can I do?
1st February 2019 From India, Pune
M'm,
Whoever and howsoever they are placed, every citizen/authority of India has to abide by the Acts/Laws/Rules of the land. If anybody dared to violate the law is punishable as per the provisions of the very same law. As you are not prepared for a legal recourse right now I would suggest first avail the leave whatever they approve, ensure to have a safe delivery and in duecourse, at right time take it up other matters legally vested for a just solution. However don't forget to mention "Maternity Leave/benefits as per the Act/Rule" with Medical Certificate from a Govt.Hospital and obtain a written approval so that it will help you later. Don't worry, keep cool and take care of your health and of baby rest of the things fall in place in due course.
1st February 2019 From India, Bangalore
Hello Kumar Sir,
If I write in my leave application ""under the Maternity Benefits Act" then they will not approve my leave.
2nd February 2019 From India, Pune
Pl.don't try to assume things before hand, may be if just mention that it might get paused also. Keep your records straight. Or alternatively just mention maternity leave, if they refuse at the first instance.
2nd February 2019 From India, Bangalore
Yes right!
I'll do this.
Thank you so much sir..I really appreciate your prompt reply and a great help.
2nd February 2019 From India, Pune
I am also having the same query have completed 6 months in a company they have probation of 3 months not yet received confirmation letter.they say will do it will do it. I am 3 months pregnant will I be eligible for the maternity leave
26th April 2019 From India, Mumbai
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