Dear Sir, This is Megha I m working it IT sector since December 2018 right now my probation period completed in March 2019, I want to know that can I get maternity benefit or not. Please clarify.
You should be eligible having served more than 80 days
Provided your company falls under the coverage of MB Act
Dear megha,
To answer this correctly, please tell us if you are covered under ESI or not.
Regards
Rahul
Hi,
Under the MB Act, a woman is eligible to receive maternity benefit if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery.
Women employed in factories, mines, shops and establishments with 10 or more employees, and other notified establishments, are entitled to maternity leave of 12 weeks, with full wages.
If you are come under purview of ESI, you can receive the Maternity benefits through ESI, else employer has to pay you salary for 182 days ( 6 months) and also should consider any extension request from the employee to nurture the baby but which will be on LWP basis.
Dear Friend,
The act is applicable to all establishments employing 10 or more employees,a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months is eligible to avail the benefit.
Paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the Maternity Benefit Amendment Act, this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and the remaining time can be availed post childbirth.
hello,
I recently joined a private limited company at HR profile. As there were no proper HR department before so I am drafting all HR policies. Company comes under PF, ESI.
should I draft Maternity Paid Leave Policy for those female employees who doesnt fall under ESI scheme?
But management said that they don't want to give free salary, they are ready for Leave Without Pay . Are they correct?
what should I do?
Hi,
I hope your company come under the purview of Maternity Benefit Act. If yes, then it is not at all correct.
Employer has to pay Maternity benefit salary for 182 days ( 6 months). In case of denial employee has right the file a case against employer with Labour department.
hello,
V.M. Sir,
How would I know that my company come under the purview of Maternity Benefit Act.
I mean what is the basis.
Regards
Hi,
Please refer the Act applicability which says
The act is applicable to all establishments employing 10 or more employees,a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months is eligible to avail the benefit.
yes, currently we have 50 employees..
20 years old company...its a private limited company, already cover in PF, ESI...
so i think my company has to give maternity leaves paid as per low....
and one more thing...
do we have to pay salary at monthly basis when Female employee go to maternity leave?
for example her leaves start from 1st June... so should we release her june
salary in month of July...as we will do for any other employee...
what about when employee after getting maternity leave payment at monthly basis denied to join company?
Regards
Hi,
Total eligibility is 182 days...so count the start date accordingly. If her Maternity leave starts from 1st June, then June salary to be paid on July. As per Act full salary to be paid.
With regard to your query " what if employee after getting maternity leave payment at monthly basis and denied to join Company ? " - Yes employee may extend leave or at times submit resignation due to ill health. In that she may advised to follow proper exit process.
In some Companies in order to make the employee report back they are paying half month salary every month during Maternity leave period and balance half month salary they will hold and will credit back to her bank account once she report back to duty.
ok So, 182 days working in last 12 months...
if employee just joined before 6 months (overall duration in establishment is 6 months only) but have full attendance, still she cant avail Maternity leave benefit I think? or she can?
Regards
Dear Friend,
if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery,as you shared inputs she has completed the eligibility so she can avail the MB benefit.
Ravi Sir,
is this 80 days or 180 days in last 12 months?
for example expected date deliver date is in August 2019 and She has joined us in February 2019. She has good attendance till date. now 80 days (or 180 days clause) completed or not?
SO HAVE TO CHECK ON 12 MONTHS BASIS OR TOTAL WORKING DAYS?
i READ MANY WHERE "very woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefit."
Regards
Dear Monika,
In your case, she is eligible to avail the MB benefit and its 80 days not 180.
There is nothing to check its on working days basis.
Sir,Actually I am confused due to Eligibility criteria under ESI..
Which says..
"The ESI scheme provides maternity benefits at the rate of full wage subject to an insured woman’s contribution for at least 80 days in the preceding two consecutive contribution periods."
its look employee has to complete 12 months.
what is 2 consecutive contribution period here?
Dear Monika,
Under ESIC there is 2 consecutive contribution periods which are
Contribution periods - 1st April to 30th September
1st October to 31st March
The ESI scheme provides maternity benefits at the rate of full wage subject to an insured woman’s contribution for at least 80 days in the preceding two consecutive contribution periods.
Hope its cleared your doubt.
hello,
is this true? if yes then how employer claim it?
"Taking note of several reports which indicated a decrease in the recruitment of women workers owing to an increase in maternity leaves, the government has decided to pay 50 per cent of the salary of 14 weeks to women on maternity leave."
Dear Monika,
If she is covered under ESIC then employer will not pay salary to her, Employee can directly claim from ESIC through submitting related documents to ESIC office.
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