Maternity Leave [Thread 360706]

I Joined a company in May 2011 and will proceed for maternity leave in December 2011. Am I entitled to maternity benefits?

Dear Ms Chandasahu
The following conditions must be fulfilled for you to get the maternity benefit under the Maternity Benefit Act.
1.You should not be an "insured employee" under the ESI Act.
2.The Maternity Benefit Act should be applicable to the establishment in which you are employed.
3.You should have worked for 80 days in the establishment of your employer in the twelve months preceding the date of expected delivery. You have not given the exact date on which you joined the services of the present employer and the expected of delivery. Therefore I am not able to compute whether you would have worked for 80 days on the expected day of delivery.
With regards

I think some companies do have the policy that the employee must have completed minimum 1 yr with the company for aviling the mat. leaves.

Thank you so much Sir for the prompt response.
I joined on 2nd May 2011 and will be proceeding for leave on 10th Dec 2011. I am not insured under ESIS Act.
Thanks & Regards
chanda sahu

Dear Ms Pritha Pandey
The Company's policy cannot be contrary to any law of the land including labour laws. Therefore no company can have a policy that the employee should have put in one year of service to get the maternity benefit.
With regards

Dear Ms.Chandasahu
Please check whether the Maternity Benefit Act is applicable to the establishment in which you are employed
With regards

Dear all,
I think that working days should be 90 days instead of 80 days, preceding the date of expected delivary.
thanks & regards
from,
sumit kumar saxena,
9899669071

Dear Mr. Harikrishnan,
How can we check the whether the Maternity Benefit Act is applicable to the establishment or not in which we are employed?
Regards
Prabha Pandey

Dear MsPrabha Pandey
The Maternity Benefit Act is applicable to the following establishments [Please read Section2(1) of the Maternity Benefit Act]
1.Factories
2.Mines
3.Plantations
4.Circuses
5Shop or establishment in which ten or more workers are employed or were employed on any day of the preceding twelve months.
6.If the State Government notifies in the offical Gazette that the Maternity Benefit Act is applicable to any other establishment other than those mentioned at S.No.1 to 5 above
7.M.B.Act is not applicable if the ESI Act is applicable, If the employee goes out of the ESI Act because she crosses the Rs.15000 salary limit, she will be covered by the MB Act though the ESI Act is applicable to the establishment
With regards

Dear Mr. Harikrishnan,
What can we do(the employee) if the company is not willing to give a female employee who has worked over one & half years and she is not even covered under the ESIC Act.
Is there any written rule to give the maternity benefit or any regulation passed by the law?
Regards,
Prabha