Dear Namrataya,
Here is my advice to your query .
First I will talk about eligibility and benefits under esi ,than legal action taken to that company who denied to give benefits under this act.
Eligibility
The Act is applicable to all women working in any establishment.
However, to be eligible, you need to have worked in an organisation for at least 80 days before your due date.
Notice
To avail the leave and benefits, you need to submit a written notice to your employer. The notice date should start from when you are going on leave.
You may give the notice before or soon after delivery.
It also depends upon the company policy. Some organisations ask for a notice before you take leave.
Even if you forget to submit the notice, you can still claim the maternity benefit. "It is advisable to have it in writing. It can be used as proof in court in case of any discrepancy.
Benefits-----
According to the Act, six weeks of paid leave is mandatory. However, if your organisation allows more than six weeks,whether you will be paid for the days beyond six weeks depends on company policy.
If you earn less than Rs.10,000, your company may offer you the State Employees Insurance scheme (ESIC). It is a government scheme, wherein a small amount will be cut from your salary every month.
If you are eligible for ESIC, then the maternity leave provided by your company will be unpaid. Instead, you will have to claim the amount from the ESIC office in your city. However, all the legwork will have to be done by you.
The ESIC cannot be exchanged for the monetary benefits provided by the company.
Legal Action-------
if you are fired during the leave period or forced by employer to resign on unjust reasons (such as absence from work due to pregnancy or for requesting a flexible working time,or requesting paid leave,or benefits under ESI act), then you can take legal action against your employer.
In any such event, file a case in the Industrial and Labour court. The court will then issue a notice to the employer.
"Depending upon the case, the court will decide on a suitable monetary compensation," explains Madon. Apart from the pay, the employer can also be imprisoned for up to three months.
The Maternity Benefits Act is a beneficial tool for all pregnant working women. However, it is up to you to take advantage of it.
Plz provide me your feed back.