Am I Entitled to Maternity Leave Pay After Resigning? Seeking Advice

Hi,

I have been working in my current organization since August 2015. I have been on maternity leave since December 22, 2015. I have not received any payment for my maternity leave so far. Because of this, I have decided to resign and am requesting my employer to compensate me for the maternity leave period as part of my full and final settlement. Am I eligible for payment for these three months? Please help.

Dear member,

The issue regarding eligibility for maternity benefits under the Maternity Benefit Act, 1961, as well as under the ESI Act, 1948, has been discussed on this site in many threads. I hope you can search the relevant thread and seek necessary guidance from the remarks of experts/seniors in those threads. If, after going through such threads, any doubts remain, you can ask about them with specific points of concern.

Mr. Mehta,

In my case, I am leaving the organization immediately after maternity leave. That is why I am asking this question: will I be paid for my leave, or does my employer have the provision in law for non-payment after my resignation on completion of my maternity leave.

You have not mentioned under which provisions of law you are claiming the maternity benefits. Broadly, there are two central Acts—namely, the Maternity Benefit Act, 1961, and the ESI Act, 1948. The terms and conditions of entitlement in these two Acts are different. It has also not been mentioned whether you are covered under the ESI Act, 1948.

Eligibility Under the Maternity Benefit Act, 1961

So far as the provisions of the Maternity Benefit Act, 1961, are concerned, Section 5 of the said Act lays down the eligibility conditions as follows: "5(2) 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 you may go through the provisions of the above Act and apply the facts to your case to determine your eligibility, etc.