Confused About Maternity Pay Eligibility After Joining a New Company? Need Advice!

I have been working with this organization since 11th April and I conceived in the 1st week of May, which was unplanned as I would not have left my previous company where I was employed for the past 6 years. However, I informed my current company about my pregnancy at the end of July verbally. I applied for my maternity leave in December and went on leave from 11th January to 13th April. However, I was not informed that our company doesn't pay salary during maternity leave. When I checked with them at the time of my salary due date, they said they would check and get back to me. Now, they are stating that after checking with people in the same trade, they have found out that they only need to pay if I have worked with them for at least a year before going on maternity leave, which, as per me, is incorrect, and I'm eligible for the pay. Kindly advise by return.

Thanks,
Ruchi

As per Section 5 of the Maternity Benefit Act 1961, you become eligible for maternity leave with wages if you have worked for 80 days with the current employer during the 12-month period before the expected date of delivery. I assume that you had completed the required number of days by December 2011. Therefore, they cannot deny the benefit.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai.

Thanks a lot for your reply! I wanted to check a couple more points with you before going back to my employers:

1. Is there any clause that specifies a minimum number of people working in the company for the maternity law to be applicable?

2. Also, it's a company with 4 partners. Does that affect the maternity act in any way?

Thanks for letting me know the same.

Best regards,
Ruchi

From the brief details furnished by you, the fact that you have to abide by the service rules of the parent company means that the garment buying house and the parent company can be clubbed together for counting the total number of employees. Thus, they come under the purview of the Maternity Benefit Act.

Regards,
B. Saikumar

If any employee is taking maternity leave, should we pay her 3 months' salary after joining or every month as per the law? Please help me with this query.