Confused About Maternity Benefit Eligibility in Maharashtra? Seeking Clarity on Service Requirements

Maternity Benefit Eligibility in Maharashtra

I have been reading articles on Maternity Benefit and need clarity on the eligibility. My query is, what is the minimum length of service required with the employer to claim Maternity Benefits (Leave) at a private organization in Maharashtra?

1. Maternity Benefit Act, 1961 Policy Document
I have attached a Maternity Benefit Act, 1961 policy document which was shared in one of the threads. As per this document, the woman employee has to have a minimum service of 165 days with the employer to claim the Maternity benefits. Also, I checked the act below: bombayhighcourt.nic.in/libweb/acts/1961.53.pdf

2. Indian Labour Law Website Information
However, when I visited the Indian Labour Law website, it stated the minimum length of service should be 80 days. Link: labour.nic.in labour.nic.in/women/WomenCell.pdf

Requesting seniors and experts to help clarify this.

Thanks & regards,
Ruchie

The amended position of the law is that a minimum service of 80 days is the precondition. See Section 5(2) of the Act. This amendment came into effect on 10.01.1989.

Regards,
KK Nair

Eligibility for Maternity Benefits

The maternity benefits are eligible for a woman who has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.

Understanding Maternity Benefits Under the ESIC Act

Maternity benefits can be availed only if your organization is covered under the ESIC Act. In such a case, you will be obliged to submit all the necessary documents for the Maternity Act in any way.

Regards

The Maternity Benefit Act does not specify the number of children. However, private organizations often restrict benefits to only two children.

Pon

No, the approval is only for two children for availing maternity benefits under the ESIC Act of 1948.

Clarification on Maternity Benefits and E.S.I. Scheme

No, it is not like that. If your organization is covered by the E.S.I. Act, the Maternity Benefit Act has no application in your establishment. That risk is covered by the E.S.I. Scheme, and you have to approach for benefits under the E.S.I. Scheme.

One more thing to remember: you have to be within the ceiling limit of the E.S.I. Scheme to avail the above benefit. As you know, the ceiling limit under the E.S.I. Scheme is Rs. 15,000 per month as of now. To avail maternity benefits under the E.S.I. Scheme, you will have to be in insurable employment prior to the expected date of delivery for 9 months.

Furthermore, if your establishment is not covered by the E.S.I. Act or a particular employee is not covered under the E.S.I. Scheme, then the Maternity Benefit Act comes into play. I hope I have made it clear.

All the best.

Dear Sir, The eligibility for Maternity Benefit is 80 days of service. There is no restriction on the number of times leave can be taken for Maternity benefits.

Regards,
D. Gurumurthy
LL. HR & IR Consultant

Maternity Leave Resignation Issue

One of my colleagues was forced to tender her resignation when she applied for maternity leave. She had been working in our organization for at least one year. No one in the organization is ready to take up her cause. She has already resigned and left, as she was almost 8 months pregnant. What can be done in such a case? Please guide.

Regards

Would like to enlighten the following facts regarding the case mentioned by Mr. Vaneeth:

Non-Cash Benefits under Maternity Act:

• Light work for 10 weeks (6 weeks plus 1 month) before delivery.
• Two nursing breaks of 15 minutes until the child is 15 months old.
• No discharge or dismissal while on maternity leave.
• No charge to her disadvantage while on maternity leave.

Dismissal During Absence of Pregnancy:

Any discharge or dismissal of a woman during pregnancy for absence is entitled to maternity benefit/medical bonus. In case of gross misconduct, the employer in writing can communicate about depriving such benefit. Within 60 days from the date of deprivation of maternity benefit, any woman can appeal to the authority prescribed by law.

Penalty for Contravention of Act:

Imprisonment with a minimum period of 3 months to a maximum of 1 year. Fine from Rupees Two Thousand to Rupees Five Thousand.