Maternity Leaves Payments Query

Hi,
I am working in my current organization from August 2015. I am on my maternity leaves since 22nd December 2015. Till now I had not been paid for any of my maternity leaves. So after all these I had quit and asking my Employer to pay for my maternity leaves as f&f. Am I eligible for payments of these 3 months. Please help.

Dear member, the issue regarding eligibility for maternity benefit under the Maternity Benefit Act, 1961 as well as under ESI Act, 1948 has been discussed in this cite in many threads. I hope, you can search the relevant thread and seek necessary guidance from the remarks of experts/seniors in said threads. In case, after going through such threads, there remain any doubt you can ask the same with specific point of doubt.

Mr. Mehta,
In my case I am leaving the organization immediately after maternity leaves, that is why I am asking this question. Will I be paid for my leaves or my employer has the provision in law for nonpayment after my resignation on completion of my maternity leaves.

1. Dear member, you have not mentioned as to under which provisions of law you are claiming the maternity benefits. Broadly, there are 2 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 as to whether you are covered under ESI Act, 1948.
2. 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 " 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".
3. I hope, you may go through the provisions of above Act and apply the facts to your case to know about your eligibility etc.