Clarification on Maternity Benefit Act Amendments
With reference to your question on the issue "Does THE MATERNITY BENEFIT (AMENDMENT) BILL, 2007 say the same?" as per your remarks above, it is informed that any bill has no relevancy. Once a bill is passed by Parliament, it becomes an Act, i.e., law to be followed by all concerned. As per the bare Act available with me, the Maternity Benefit Act, 1961 was last amended in the year 2008, during which the rate of Medical Bonus was revised to Rs. 1000/- and the same has again been revised to Rs. 3500/- in the year 2011.
Since you have specifically asked about benefits under the Maternity Benefit Act, 1961, it is presumed that you are not covered under the ESI Act, 1948.
The condition of service of 180 days (in the 12 months immediately preceding the date of expected delivery) was applicable only up to 09/01/1989, and since 10/01/1989, the eligibility condition has been revised to 80 days. Therefore, it appears that your company has not updated its maternity leave policy in accordance with the amended provisions of the said Act.
I think you are working in Karnataka, and therefore, if possible, you can purchase an updated bare Act along with Karnataka State Rules under the Maternity Benefit Act, 1961. Bare Act and Rules are available from Law Book Shops. From the Karnataka State Govt Rules under the said Act, you can find the procedure laid down for claiming the maternity benefit as prescribed by the State Govt, viz. forms, etc. Based on the said Act and Rules, you can discuss the issue with the concerned HR Officer of your establishment, and in case the employer fails to act as per the provisions of said law, you can take up the case with the appropriate Officer of the Labour Department of the State Govt. as may be prescribed in said Rules.
With best wishes.