Madhu.T.K
Industrial Relations And Labour Laws
Ashscorpio
Marketing Specialist
+1 Other

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I have joined a private company on 8th Jan 2019 and I am now 4 month pregnant (got pregnant in the month of Jan itself). Also, I am a confirmed employee now
My date of delivery as given by Doctor is 21st Oct'19.
My question is am I eligible for maternity benefits?
Is there any necessity for me to work with an organisation for 12 months before availing Maternity benefits. Please tell me clearly. Am I eligible or no?
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For being eligible under the MB Act, you need to be have actually worked for 8o days in the previous 12 months from your expected date of delivery. I believe you are eligible, please count your no. of days worked from Oct'2019.
Same query from the same author has come as three or four threads. i have given my interpretation of law in one of the threads. If interested, please follow the link.
https://www.citehr.com/611592-termin...ml#post2424459
Pradipta nath,please put your thoughts on "12 months preceding the expected date of delivery" .
Madhu T K
"12 months preceding the expected date of delivery", My Thoughts: -
1. Expected date of delivery means the date which is certified by the Doctor.
2. Months may meant 30 days or 31 days .
3. The counting of 12 months will starts from the beneficiary is expected to delivery. In this case the the count of 12 months will begin from September 2019.
4. 12 months do not mean completed 12 months of service or employment.
5. The test is "Whether the Employee has actually worked 80 days in the preceding 12 months from her expected date of delivery or not?" If yes she is entitled for MB else not.
Sorry, not clear. It is undebatable that she should have worked for 80 days and this 80 days inclusive of all paid holidays, leave days and lay off days. But is she eligible if she has joined only 80 days before the child birth? Is she eligible just by complying with the requirement of 80 days attendance? This is the question. In the past also I had raised the same question, but unfortunately I did not get a clarification. Therefore, please get some court verdicts which show that a woman joined some time in three months back could get maternity benefits.
Respected Ma'am,
As per MB act you eligible for Maternity benefit please talk to your HR departmrnt for the same.
Regards
GovinD
Dear Madhu Sir,
Your assertions are very justifiable to post doubt on the employees' objective but whatever the fact cannot be denied that she has actually worked for 80 days in the preceding 12 months form the expected date of delivery. This is where the recruitment department's responsibility lies!
The trend of the Courts in interpreting the Welfare provisions is that wherever there are two interpretations coming, the interpretation which advance benefit to the employee must be taken. There are many judgement in this regard.
And any doubt on the intention of the employee not substantiated with evidences is not just enough to deprivation, the most, employee will face disciplinary action or termination from service. But again termination form service has been precluded during pregnancy!
Even if the employee is not eligible, the forfeiture has to go through the provisions only.
I understand that it is meant for the welfare of employees only. My question is just on the words "12 months". If the objective of the Act is just to give benefits to employees who have worked for 80 days (previously it was 160 days), then it could be simply said without any qualifying words of 12 months. I have searched a lot for a judgement on this but I could not get it. That is why I am repeating the same. In respect of ESI covered employees, there is a contributory condition of 70 days (as against 80 day) in two contribution periods.
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