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
AnonymousDear all, I would like to know that what will be the procedure for ML Leave after ML .
umakanthan53The 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