Who Can Actually Get Maternity Benefits? Let's Clarify Eligibility Together

Dear All,

I just want to know the eligibility for maternity benefits or who is eligible to take maternity benefits?

Maternity Benefit Eligibility

According to Section 2(a) and (b), maternity benefit is applicable to every establishment being a factory, mine, or plantation, including any such establishment belonging to the Government, and to every shop or establishment in which ten or more persons are employed or were employed on any day of the preceding twelve months.

Section 5(2) of the Act states that 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.

Thank you

Women either employed or temporarily unmarried are eligible for maternity benefits when they are expecting a child and have worked for their employer for at least 80 days in the 12 months immediately preceding the date of the expected delivery.

Does this mean that if a female employee joins on Jan 1 and continues her services, she is eligible for maternity leave from April 1, or say March 20th precisely? I mean, does she not have to be in employment with the same employer for a minimum of 12 months?

Has the Maternity Benefit Bill 2016 passed and been enacted as law, or is it still pending? If not, and if an employer is sanctioning 12 weeks of leave to a female employee today, I hope this will not be a violation of the law.

Yes, we have provided maternity benefits to a female employee who joined us when she was 5 months pregnant.

Hi Varun,

If your maternity leave is about to finish and you are pregnant again, what are the rights?

Thanks,
Varun
9953517234

Please provide information on the Maternity Benefit Act after the amendment in 2016.

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Dear HRD5499,

Please find enclosed herewith the amendment as required by you.

Hi,

Please find attached the Maternity Benefit Act for Rajasthan. I have downloaded it from Simpliance - Labour Law Compliance, a free online labor law library. You can check the website for more details and information on other acts.

Hi,

I have just resumed my duty after my maternity leave, but the company is changing my job profile by saying that I am not able to handle my earlier duties. When I was going on maternity leave, assurance was given that we are hiring a temporary lady for your duties. However, after joining, my boss is giving me strange reasons that I am not able to give my full time to the job, so that's why they are shifting me from my existing profile.

Please suggest what to do.

Please elaborate on your query. If the employer is assigning light work considering your health, what harm is there? However, if the employer has demoted you or is offering a salary lower than what you were earning before pregnancy, then it would be a cause for concern to address.

Can I receive maternity payment after delivery without informing ESI before my delivery? My company said my payment would come from ESI, but now I know that ESI provides payment before being informed. I just want to confirm if I can receive payment from ESI after delivery.

Gurpreet Kaur

Dear Ms. Kaur,

There are set rules to be followed for any claim from the government. Your company has not guided you properly, maybe due to a lack of knowledge. The only thing you can do is approach your Branch Officer in ESI; they may help you. Please find enclosed herewith the Maternity Benefit Law for your reference and knowledge purposes.

How would one receive their salary from ESIC during maternity leave?

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