I joined a private company on 8th Jan '19 and got the confirmation letter in Apr '19. I am now four months pregnant. So, I wanted to know if I am eligible to get maternity benefits. Also, if they are firing a pregnant employee due to poor performance, are they still supposed to provide maternity benefits?
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Eligibility for Maternity Benefits
In order to be eligible for maternity benefits, a benefit in the nature of 6 months (26 weeks) leave with salary and Rs. 3500 as a medical bonus is available to women employees who have worked for at least 80 days during the 12 months immediately preceding the date of delivery. If that employee is under ESI, then it is 70 days of contribution in two contribution periods, which is also equal to almost one year.
The above interpretation of the law is mine only, and there have been many discussions on similar issues. Some argue that a woman is entitled to maternity benefits if she has worked at least 80 days before delivery. This interpretation does not consider the wording in section 5(2) of the Act, which states, "No woman shall be entitled to maternity benefit unless she has actually worked... for a period of not less than eighty days in 'the twelve months' immediately preceding the date of her expected delivery." The explanation for 80 days also states that, "For the purpose of calculating the days on which a woman has actually worked in the establishment (i.e., the 80 days as mentioned above), the days for which she has been laid-off during the period of 'twelve months' immediately preceding the date of her expected delivery shall be taken into account."
The above views show that 12 months from joining and 80 days in that period are preconditions for getting maternity benefits.
Firing an Employee Due to Pregnancy
Firing an employee on the grounds of pregnancy is, in any case, a very bad HR practice. For that, you can approach the appropriate authority.
Understanding Labour Laws
Labour laws are meant for persons who work for employers. These laws protect employees. However, just on the ground that I have become an employee, the laws may not become a protective shield for me. It is seen that some people join an organization just to avail leaves. The very purpose of becoming an employee is to understand what rights are and how to get them.
From India, Kannur
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In order to be eligible for maternity benefits, a benefit in the nature of 6 months (26 weeks) leave with salary and Rs. 3500 as a medical bonus is available to women employees who have worked for at least 80 days during the 12 months immediately preceding the date of delivery. If that employee is under ESI, then it is 70 days of contribution in two contribution periods, which is also equal to almost one year.
The above interpretation of the law is mine only, and there have been many discussions on similar issues. Some argue that a woman is entitled to maternity benefits if she has worked at least 80 days before delivery. This interpretation does not consider the wording in section 5(2) of the Act, which states, "No woman shall be entitled to maternity benefit unless she has actually worked... for a period of not less than eighty days in 'the twelve months' immediately preceding the date of her expected delivery." The explanation for 80 days also states that, "For the purpose of calculating the days on which a woman has actually worked in the establishment (i.e., the 80 days as mentioned above), the days for which she has been laid-off during the period of 'twelve months' immediately preceding the date of her expected delivery shall be taken into account."
The above views show that 12 months from joining and 80 days in that period are preconditions for getting maternity benefits.
Firing an Employee Due to Pregnancy
Firing an employee on the grounds of pregnancy is, in any case, a very bad HR practice. For that, you can approach the appropriate authority.
Understanding Labour Laws
Labour laws are meant for persons who work for employers. These laws protect employees. However, just on the ground that I have become an employee, the laws may not become a protective shield for me. It is seen that some people join an organization just to avail leaves. The very purpose of becoming an employee is to understand what rights are and how to get them.
From India, Kannur
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Did you inform the management about your pregnancy? If not, please inform in writing with a doctor's prescription.
Your management cannot fire you as they have recently confirmed you due to poor performance. You may have to seek legal action if they are terminating you during this period of pregnancy.
From India, Mumbai
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Your management cannot fire you as they have recently confirmed you due to poor performance. You may have to seek legal action if they are terminating you during this period of pregnancy.
From India, Mumbai
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Please understand that confirmation has nothing to do with availing maternity benefits. Even an employee on probation can get it provided she has been working in the organization for the required period of 12 months. Essentially, it is not the status like probation or confirmation which makes one eligible for benefits under any labor law. Even the protection of ID Act is not based on whether the employee is a confirmed one or not but it is on the basis of working (240 days in 12 months, etc).
From India, Kannur
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From India, Kannur
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