Maternity Leave Dilemma: Should Employers Extend Benefits if Resignation Follows?

Hi all,

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

Sunil

Hi,

A very funny situation: The lady is not entitled to maternity benefits even if she were to come back and start working in your organization. If you read the Maternity Benefits Act, it clearly states that the employee has to have worked for a minimum of 160 days in the 12 months immediately preceding the date of her expected delivery (including the days during which she was laid off during the period of such 12 months).

Thank you,
Sherine

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. Is the employer liable to extend maternity benefits to her? We have a case like this. Please guide me from the employer's perspective.

Sunil

As per the Maternity Benefit Act 1961, the lady worker must work in your company for 160 days. Only when a lady worker migrates to the state of Assam, the condition is relaxable. In your case, the company should not pay any benefits to the lady worker.

Hi Sherine,

As per your query, that lady is not entitled to get the maternity benefits because, as per Section 5 of The Maternity Benefit Act, 1961, she has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.

Regards, Abhishek