Curious About Maternity Leave Rules for Unaided Private Schools in Mira Road? Let's Discuss!

I work in an unaided private school in Mira Road. I wanted to know the maternity leave policy that unaided private schools should adhere to.

Maternity Benefits Eligibility

I have read that a woman shall be entitled to maternity benefits only if she has actually worked in an establishment of the employer for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery (Section 5[2]). Now, here it is mentioned 80 days in the 12 months.

Applicability of the Act

Does this Act apply to unaided private schools in Mira Road with more than 50 employees? If an employee has worked for 2 years and the company still claims you to be on probation, will this law be applicable?

Maternity Benefits for ESI and Non-ESI Covered Employees

ESI-covered employees receive maternity benefits from the ESI Corporation. Employees not covered under the ESI Act fall under the Maternity Benefit Act, 1961, where the employer is responsible for paying the benefits. Since you mentioned that the school employs more than 50 employees, it is likely covered under the ESI Act. Maternity benefits are available to all employees, including confirmed, probationary, temporary, and contract workers, subject to eligibility conditions.

Clarification Needed on Employment Status and Probation

Please clarify your statement: "If an employee has worked for 2 years and the company still claims you to be on probation, will this law be applicable?" Are you employed in a company or school? What is the probation period as per the appointment letter? Are you an ESI-covered employee? Please ask specific questions to receive specific replies.

Maternity Benefit Act Applicability

Maternity benefits under the Maternity Benefit Act (not under the ESI Act) are applicable to unaided private schools with 50 or more employees. You must work for at least 80 days in the last 12 months from the expected date of delivery to qualify for the benefits of the Act. For example, if the expected date of delivery is 05.06.2017, then during the period of the last 12 months, i.e., from 05.06.16 to 04.06.17, you must have worked for at least 80 days.

Eligibility for Contractual and Probationary Employees

The Maternity Benefit Act does not discriminate between contractual, probationary, or temporary employees. Therefore, even if you remain a probationer for 10 years, you will still be entitled to the benefits. Please note that if an employee is covered under the ESI Act, then such an employee will receive maternity benefits from the ESI Act and not from the Maternity Benefit Act.

I work in a school, and my probation was for one year. After completing it, I was availing all the benefits of a permanent employee, such as increments, casual leave (CL), privilege leave (PL), and sick leave (SL). However, the school has a rule that the confirmation letter is only issued along with the experience letter. Hence, the school doesn't provide any employee with the confirmation letter until they resign. When I asked for maternity leave (after completing two years with the school) as per the Maternity Act of 2016, they forced me to resign. When I refused, they issued a letter stating, "Your probation is extended, since your work is not satisfactory, you stand released."

Clarification on Maternity Benefit Act Compliance

Monijes21, "Ab Voont Aaya Pahad Ke Niche."

Cite HR Members expect the query to be to the point with details to enable them to provide proper guidance. You were trying to hide some information which you have now disclosed. Members have already provided you valuable guidance. Additionally, I am forwarding the attached file on The Maternity Benefit (Amendment) Act, 2017 - Clarifications for your benefit and that of others.

Based on the above, you can lodge a written complaint with the Labor department and also cc the nearest Police Station of your School.

Take care,

Regards, Suresh

Dear Monijes21, as stated by the learned members (Mr. Ritesh and Srinath), it is immaterial whether you are a probationer, contractual, permanent, or temporary employee. The Maternity Benefit Act is applicable to all working women as per eligibility under the Act.

If you are not covered under ESI, then the school is legally liable to pay you the Maternity Benefits. You have not stated whether you have already covered the maternity benefit period or if you have to avail of the benefits. If you have already completed the maternity period before 1st April, then you are eligible as per the previous act (12 weeks benefits). In case you have to go, then the benefit period will be 26 weeks.

Please don’t give anything in writing. This is a common practice by some organizations to ask for the resignation from women while they need to avail of the Maternity Benefits. Please intimate the school administration/HR Dept regarding your maternity (along with medical descriptions/bills).

As per the Act, it is unlawful for the employer to “Discharge or Dismiss” any woman during her benefit period or when she is eligible for the benefits.

Apart from what the forum members have replied, please let us know whether you have given them the notice for Maternity Leave and/or Maternity Benefits. If the same has been sent to them prior to availing your Maternity Benefits, then no employer can terminate your services apart from gross misconduct.

As already mentioned by senior members, the eligibility criteria for Maternity Benefits is 80 days of service in the last 12 months before proceeding for Maternity Leave. Whether you are a probationer or on a contractual basis, except for domestic workers, you are eligible for Maternity Benefits.

If you are forced to resign, please send an application to the Labour Department. You will have a legal standing wherein the employer is punished as per the Act.

Legal Rights Regarding Forced Resignation and Maternity Leave

Asking you to leave is illegal and amounts to termination of service. Forcing you to leave is also illegal. If "forcing" involves any physical or verbal threat (which I don't think is the case here), you may lodge a complaint at the police station, but I do not believe this applies to your situation.

Please note that a woman cannot be terminated during maternity leave. If you have not applied for maternity leave, do it immediately using the prescribed form.

Extension of Probation and Maternity Benefits

Regarding your extension of probation, it can be dealt with later, as your status as a probationer, contractual, or permanent employee does not affect your right to maternity benefits under the Act.

Clarifications on The Maternity Benefit (Amendment) Act, 2017

The Ministry of Labour & Employment, via their circular no. S-36012/03/2015-SS-1 dated 12th April 2017, has published clarifications on The Maternity Benefit (Amendment) Act, 2017, in a very simple manner that any layman can understand. The circular was attached along with my post on 19th April 2017. However, to date, members are repeating the same information in different languages, confusing individuals seeking help.

We suggest approaching the Labour Department with the issue in a concise manner and sending an acknowledged copy to the nearest Police Station of School Jurisdiction.

Regards, Suresh

Please suggest any teaching staff who has been working in the education institute for the last 3 years and is eligible under the Maternity Benefit Act, 1961.

In the event that you apply for leave due to the birth of your baby and the institute serves a notice for termination, please note that as a non-permanent employee, your services will be terminated.

Kindly advise on this situation.

Thanks and regards,
Deepak Johari

Please suggest any teaching staff who has been working in the education institute for the last 3 years and is eligible under the Maternity Benefit Act, 1961.

In case you apply for leave due to the birth of a baby and the institute issues a notice for termination, please note that you are not a permanent employee and your services will be terminated.

Kindly advise on this matter.

Thanks and regards,
Deepak Johari