Navigating Maternity Benefits: Should I Ask My Employer or Seek Legal Help?

Seeking Advice on Maternity Benefits

I am working with a manpower outsourcing company, and in total, 20-25 females and 1700-1800 total employees are working on our payroll (contract and office staff). I have been associated with this company for the last 2 years. The company doesn't have any leave policy, not even maternity leave and benefits.

I am in my 8th month of pregnancy and will be on leave from 1st February 2013. I haven't discussed with my management about maternity benefits (3 months' salary) yet. I have already informed them verbally about my pregnancy, and today I will send a written email with the doctor's certificate, which will certify my delivery date. As per the law, I am informing them 7 weeks before my delivery. Now I just want to know if I should ask them for maternity benefits or not, or should I directly go to the Labour court.

Please suggest, as I am a bit confused.

Regards

Maternity Benefits Under ESI and Maternity Benefits Act, 1961

If you are under ESI, then you can avail of the facility from ESIC. If you are not covered under ESI, then the management is responsible for providing the full benefit as per the Maternity Benefits Act, 1961.

According to the Maternity Benefits Act 1961, you are entitled to 6 weeks of leave before your due date and 6 weeks after your child's birth. So, you can claim at least 12 weeks or three months of maternity leave.

Under the Maternity Benefits Act of 1961, you're entitled to maternity benefits at the rate of your average daily wage for the period of your absence, for a maximum period of 12 weeks (6 weeks before delivery and 6 weeks after). You can only claim this compensation if you have worked at least 80 days for your employer in the last 12 months.

Thanks & Regards,
Manoj Kumar

Below is the link for the leave benefits: Leave Policy for Different Sectors in India « hrmexpress. Accordingly, you can speak to your seniors.

I have been working with this company for the past 2 years and am not covered by ESIC as my gross salary is over 15,000. Should I ask them for maternity benefits or should I directly approach the labor officer?

Why are you repeatedly referring to the labor court? Has your employer denied giving you maternity benefits? The clear answer is to discuss the issue with your management regarding the 12-week/3-month maternity leave with a calm mind. If they refuse to provide you with maternity benefits, consider other options, such as approaching the labor court, especially if there is no clause in your contract prohibiting leave.

Chill, HR!

You can first have a mutual discussion with your management, reporting head, or HR head. Based on their decision, you can decide on your course of action. Approaching the labor court without knowing their point of view will only complicate matters rather than being helpful.

Legal Context on Maternity Benefits

FYI... Section 38-C of the Bombay Shops and Establishments Act, as well as the proviso to sub-section (1) of Section 2 of the Maternity Benefit Act, empower the State Government to extend the application of the Maternity Benefit Act to women employees in any establishment or class of establishments. Accordingly, the State Government has extended the application of the Maternity Benefit Act to all shops, commercial establishments, residential hotels, restaurants, and eating houses to which the Bombay Shops and Establishments Act applies, but the Employees' State Insurance Act does not apply.

Swati, the Maternity Benefit Act is applicable to your establishment on its own, as it is an establishment under the West Bengal Shops Act. You can seek maternity benefits under the Maternity Benefit Act for twelve weeks, of which 6 weeks shall precede the expected date of delivery.

Regards,
B. Saikumar
Mumbai