Anonymous
Dear Colleague, I am working in a company for the past 9 years (2011-2020) /2 years part-time employee / 7 years full-time employee (to date).
Very small startup company with 3 employees. Not received an appointment letter.
The company committed for 6 months Maternity leave for me as verbal (No email) Jul 2020-Dec 2020. But, due to the pandemic situation from March 2020 work from home option given. My delivery date was on Jun 22, 2020, till Jun 20th worked and the report was sent. Then, Maternity leave started from Jun 22nd-July 16th not worked. As per company request started the work on July 17th-till date. Suddenly received mail to resume work on 7th Nov 2020. Please guide me on what to do.
Note: No ESI or PF benefit from them.

From India, Chennai
M'm,
Before going into details & legal provisions, I would suggest you first have an open discussion with the concerned and press for payment MB, and grant of ML without straining the relationship. Straight away proceeding legally may not fetch you the desired results in short run especially that your firm is too small to apply all legal provisions, ofcourse except MB. Keep cool, Try to extract as much as possible.

From India, Bangalore
Anonymous
Dear all, I would like to know that what will be the procedure for ML Leave after ML .

The poster has not mentioned the type of the establishment where she works but simply mentioned that it has only three employees on roll. Hence if it is an establishment falling u/s 2(1)(b) of the Maternity Benefit Act,1961, the Act will not be applicable to the start-up Company.

Moreover, as per her statement she worked up to June 20, availed leave from June 22 the actual date of delivery to July,16 and continued WFH from July 17 onwards.

Therefore, it implies that she was granted leave from June 22 to July 16 only. When the MB Act is not applicable to the establishment, she cannot stake a legal claim for maternity benefit for the employer can deny his oral promise very easily. Had it been so, the questions that why she was asked to resume WFH from July17 and she also did have to be answered logically..

From India, Salem

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