Worried About Maternity Leave and Job Security? How to Navigate Your Rights and Options

Maternity Leave Concerns and Guidance Needed

I am working in a private firm. My salary is 25,000 per month, and I am not covered by ESIC. I want 12 weeks of paid maternity leave, but I am not sure whether the company will provide me with paid leave. I am concerned that if I ask for maternity leave, they will terminate me. Can you kindly tell me how I can claim my paid maternity leave if the company terminates me on the spot? I am 7 months and 2 weeks pregnant.

Also, please advise me on when I can take my maternity leave, what documents are required to apply for maternity leave, and what I can do if the company asks me to leave my job or resign in exchange for maternity benefits. I have been working here for 1 year and 11 months. I have my offer cum appointment letter, the last three salary slips, and bank statements showing my salary deposits. The offer letter does not mention any terms and conditions.

Kindly guide me in the right direction so that I can talk to my company, inform them about my pregnancy, and claim my paid maternity leave.

Regards, Garima

First, inform your employer about your pregnancy so you can claim your maternity benefit under the Maternity Benefit Act of 1961. You can do this six weeks before your due date and six weeks after delivery. Remember, an employer cannot terminate an employee who is claiming maternity benefits, so don't be afraid. It is the employee's right to claim maternity benefits under this law, and it is the employer's responsibility to provide these benefits both before and after delivery.

For documentation purposes, you can show a medical certificate indicating the expected delivery date to claim the six weeks before delivery. Additionally, provide appropriate documentation to claim the next six weeks of leave with wages after delivery.

With Regards,

Mr. Thumbs Up

Understanding Maternity Benefits and Employment Rights

From your remarks, it appears that you have apprehensions that upon learning of your desire to avail of maternity benefits, your employer will terminate you. Your apprehension is quite reasonable, and I agree with Sh. Kumaran Praveen ji's statement that if you have the minimum service required under the Maternity Benefit Act, 1961, you are entitled to the benefits from your employer.

It would be even better if you could investigate whether maternity benefits have been provided by your employer to female employees in the past. You can also discuss this issue with your immediate superior and the HR department of your establishment.

The provisions of the Maternity Benefit Act, 1961 apply to every factory or establishment where ten or more persons are employed. However, only those female employees who have "actually worked in an establishment of the employer from whom she claims maternity benefit, for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery" are entitled to maternity benefits.

Even if there is no mention of such benefits in the terms and conditions of employment with any employer, the female employee will still be entitled to maternity benefits and any other benefits she may be entitled to under various labor laws.

Regards

Applying for Maternity Leave

Considering your apprehension, it is better if you apply using the specified form under the Act, Form - E, to the employer, along with a certification from a doctor. Keep an acknowledgment or receipt of the form. Violation of this Act entails serious and heavy prosecution, so any employer would think several times before violating the provisions. However, knowing the extent of scruples that small Indian companies are involved in, it is better to take all possible care and precaution.

Warm regards.

Respected sir,

There has been an amendment in the Maternity Benefit Act of 1961, stating that a pregnant employee can now avail of 24 weeks of leave instead of 12 weeks. So, am I correct in understanding this change? With the extended leave period of 24 weeks, how many days of leave can an employee take before pregnancy?

Thanks and regards,
Rishabh Agarwal.

"I have doubt if I will ask for maternity leave, they will terminate me."

You are legally protected against such terminations by MB Act. Inform your employer in writing about your medical condition. Forms to be used for informing the company and also important to get company acknowledgment that you submitted the intimation have been answered by learned members in reply. Just follow the law and do not worry.

I have gone through all comments hereinabove and state that what Mr. Harsh Kumar Mehta has reflected here is fully correct. Whilst on the subject, you will have to check your eligibility of having worked for not less than the MB Act, 1961, for the number of days you have completed in the present employment. If there is no mention in the appointment letter of these benefits, please do not panic; the law provides that the employer is not absolved from the compliance of the Maternity Benefits Act, 1961. If you are eligible, in addition to the 12 weeks leave, you are also eligible for a Maternity Bonus of Rs. 2,500/- as per the Act.

As per the provisions of the Act, “only those women employees are entitled to maternity benefit who have 'actually worked in an establishment of the employer from whom she claims maternity benefit, for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery.'” Accordingly, your case also falls within the purview of the Act, provided you fulfill these parameters in all respects.

I wish you very good luck and hope your employer gets the legal wisdom to consider your case favorably.

Thanks to all who have contributed to this issue.

Regards, Praful M Lale

Hi,

I work for a service-oriented company (private). I have worked for nearly 120 days, and due to medical issues during pregnancy, I am on loss of pay right now. The company HR has told me that I need to work for 160 days to avail maternity benefits. I told them that it is amended to 80 days. But they are denying it and saying that they consider 160 days. Please help me on this.

Ask your HR to update their knowledge.

AMENDMENT TO MATERNITY BENEFITS ACT

Extract:

No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

I hope this helps.

Clarification on Maternity Benefit Act, 1961

Sh. Nathrao Ji, a senior member, has reproduced the extract of Section 5(2) of the Maternity Benefit Act, 1961, which outlines the eligibility condition of minimum employment for claiming maternity benefits under the said Act. It is true that at one time, prior to 10/01/1989, the condition of employment of 160 days was in effect in the above Act. However, since 10/01/1989, this condition of minimum employment has been reduced to "eighty days." If your HR or the principal employer of your unit is considering a law as old as 27 years, then we can presume and see the state of affairs of compliance with labor laws in the establishment where you are working. You can purchase an updated bare Maternity Benefit Act, 1961, and show the provisions to your authorities.

However, in my opinion, before claiming the said maternity benefit, you must have proper medical certification from an authorized medical officer. Also, ensure that "on the date of expected delivery" (as certified by the medical officer), you have completed the service "of not less than eighty days in the twelve months immediately preceding the date of expected delivery."

Regards