Maternity Benefits Denied: How Can My Friend Navigate This Legal Challenge?

Dear Seniors,

Requesting your expert advice on further steps for the below case.

One of my friends is working for a consulting firm in Bangalore but registered in Tamil Nadu (not sure whether the Bangalore office is registered). She has worked in the company since April 2011 and has gone on leave due to maternity from December 2011 (February 10 expected date of delivery). Loss of pay (LOP) was applied for the leave taken, and when asked for salary, the employer has stated that maternity benefits are applicable only when the employee has worked for 12 months in the company. Also, for eligible employees, it will be paid only after rejoining.

Maternity benefits for my friend have been completely denied. The employer's email below reads as follows:

"It reads like below:

Twelve months she should have been employed with us, in that 80 working days are enough

not just 80 working days. To explain further,

the law says as below:

A female employee who has been employed for 1 year before her delivery, in which she worked 80 working days,

can claim 6 weeks' payment in advance and 6 weeks' payment after proof of delivery needs to be submitted to the employer

and that is after joining back on duty after delivery."

Please advise on how to proceed with this.

Thanks & Regards

Denial of Maternity Leave: Steps to Take

Denial of maternity leave is a serious issue. Let her approach the concerned Assistant/Deputy Commissioner of Labour so that she will be able to receive the benefits.

Regards,
Kamesh

Any woman employee who has worked for 80 days in the preceding year before the expected date of delivery is eligible for maternity benefits. She is also eligible for receiving the advance and dues after delivery (after 48 hours of childbirth).

Check with your friend. Has she given notice to the employer regarding the maternity leave? Since you have mentioned she has been marked LOP, it seems she has not given any notice but took the leave before 6 weeks of DOD.

Is she eligible for ESI? If eligible, she can get the wages from the ESI department by applying with Form 21 and Form 23.

Since it is a consultancy, the employer may have assumed she would quit after childbirth. Ask your friend to speak with the employer and explain. If she is going to continue in the same consultancy, ask her to take care of medical expenses and claim from the company. Otherwise, she is legally entitled to sue the employer and is also eligible for hardship compensation caused during delivery if she wishes.

Thanks, Kamesh and Shenbagarajan,

The expected date of delivery (DOD) is February 2012. She has been on leave since the last week of December 2011. She sent an email (officially) to the employer in the first week of December 2011.

The company is not covered under ESI, even though the number of employees earning below 15k GPM is more than 10. Even if covered, she is above the ceiling wage.

Regards.

Steps to Address Maternity Leave Denial

She may first speak to the reporting/leave sanctioning authority, then bring the facts to the attention of her appointing authority. She may submit the leave application using the prescribed format. A little persuasion, citing facts, shall be helpful. If nothing works, she may lodge her complaint.

Your understanding is correct, and she is eligible for 12 weeks of salary as maternity benefits, plus Rs. 1000 as a medical bonus if she has worked for 80 days during the 12-month period from the expected date of delivery.

Regards,
Madhu.T.K

Maternity Leave Eligibility and Understanding

Yes, it's true that all expectant mothers deserve maternity leave. However, to qualify for maternity leave, a person must have served for at least one year in the company according to the labor laws in our country. Did she inform the head before going on leave? It's important to have mutual understanding between the employer and the employee regarding maternity confinement payment.

Regards

Clarification on Maternity Benefit Eligibility

Is it necessary to have served one year in the company to avail of maternity benefits? Please provide clarity on the same. Is it 80 days or 1 year?

Regards

Sir, is it necessary that the employee should be employed for 12 months in the company prior to her expected Date of Delivery (DoD)? I am a little confused. Please let me know if the employee is eligible for maternity as per the law based on the following dates:

Employee Details for Maternity Eligibility

- Date of Joining in the company: 10 April 2011
- Expected Date of Delivery: 10th Feb 2012
- Notice given to employer on Maternity: 10th Nov 2011
- Date of Proceeding on Maternity Leave (ML): 30th Dec 2011
- Number of Days Worked: More than 120 working days from Date of Joining (DOJ) to Date of Proceeding on ML

Please let me know about the eligibility.

Thanks

The woman should have worked in the establishment from which she claims maternity benefits for not less than eighty days during the twelve months immediately preceding the date of her expected delivery.

With regards,

Could you please clarify under which labor law you have provided this response?

Regards,
R.N.Khola

Understanding Maternity Benefits Under the Maternity Benefit Act

A company cannot have a policy inferior to the one explained in the Maternity Benefit Act, though it can provide better benefits than what is stipulated under the Act.

In order to be eligible for maternity benefits, it is not mandatory for the employee to have worked for 12 months. What is required is that she should have worked for 80 days immediately before the date of delivery.

Regards,
Madhu.T.K