Maternity Benefit - Maternity Leave [Thread 19808]

Hi all
A lady employee goes on maternity leave from the next day she is appointed. She resumes duty after availing maternity leave and submits her resignation. Whether is employer is liable to extend maternity benefit to her ? We have a case like this. Please guide me from the employer's perspective.
Sunil

Hi,
Very funny situation: The lady is not entitled to maternity benefits even if she were to comeback and start working in your organisation.
If you read the maternity Benefits act, it clearly lays out that the employee has to have worked for a minimum of 160 days in the 12 months immediately preceeding the date of her expected delivery( including the days during whidh she was laid off during the period of such 12 months)
Thank you
Sherine

As per the maternity Benefit act 1961, the lady worker must be work in your company for the 160 days, only when lady worker migrated for the state of Assam the condition is relaxable. in your case the company should not pay any benefit to the lady worker.

Hi, Sherine
As per your query, that lady is not entitled to get the maternity benefite Because as per the Section-5 of The Maternity Benefit Act, 1961, She has worked for her employer for at least 80 days in the 12 months immediately preceeding the date of her expected delivery.
Regards
Abhishek