Can I Claim Maternity Benefits After 5 Years Without Them at My Job?

Hi, I have been working in a well-known company for the past 5 years. During this period, my employer has not provided me with maternity benefits. Now, I am considering leaving this organization. Can I claim maternity benefits?

I joined this organization in 2007. In 2010, I applied for Maternity Leave, and at that time, management informed me that according to company policy, only Leave without pay was granted. Despite wanting to continue with this organization, I accepted the decision without objection. However, after 2 to 3 years, may I now apply for the same?

Thanks.

Maternity Leave and Legal Rights

Please note that maternity leave is not something up to the choice of the employer. It is protected by statute, and you can refer to the law at http://labour.nic.in.

You are eligible for maternity benefits, and it is possible that your management denied the claim.

No, I was not covered under the ESIC Act. Yes, I have all proof of working since 2007.

If you have proof of having applied for Maternity Benefit at the time it was due, you can file your claim again with the management. If management denies, you can approach the appropriate labor law enforcing agencies (ALC - through Labor Union, LEO of the Area) or the labor union to which you are a member. The benefit under the Act is payable, and it is not up to the will and choice of management whether to pay or not.

Regards,
AK Jain
HR Personnel
NCL, CIL