Struggling with Maternity Benefits: How Long Should I Wait for My Employer's Response?

I am working in a private medical college since 13 July 2017 and applied for maternity leave on 26 March 2018. My delivery date was 17 April. Earlier, the HR was saying that they would give leave with pay for 1.5 months. They have not even paid my salary for March. When I asked for salary and maternity benefits, he said they would pay for March, but for maternity benefits, he would talk to his seniors. Now, he is not even picking up my calls. They are actually deficient in staff. It seems when I join, only then will they give my March salary and will not pay for the maternity leave period. Nothing was mentioned about maternity benefits in my joining letter.

Sir, please tell me:

- Am I eligible for maternity benefits as I work in a private institute? I don't know whether that institute comes under the ESI scheme or not.
- In which legal section is it mentioned that private institutes are also bound to pay the benefits for 24 weeks?
- They haven't mentioned anything about maternity benefits in the joining letter. How will it help me?
- Is the employer required to pay the full salary or only the basic pay?
- How long should I wait if they just keep on giving excuses or asking me to wait?

How many employees are there? You are entitled to Maternity Benefits.

Please address a proper letter to your employer giving details of delivery dates and period of leave, etc. Maternity benefits are a facility given by the Government of India to all women employees subject to conditions in the Maternity Benefit Act. Kindly read the bare act to get a basic idea.

In case of refusal, you can approach the Labor officer of the area.

Eligibility for Maternity Benefits

If you are an insured person (i.e., ESI contribution is deducted from your salary), then you will get the benefit under the ESI Act, and your company will not be responsible for making any payment. But if you are not an insured person (if your salary is above Rs. 21,000/- pm), then you do not come under the purview of the ESI Act. In that case, you will be protected under the Maternity Benefit Act.

Entitlement to Maternity Benefits

As per the latest position, a woman is entitled to a maximum of 26 weeks of maternity benefit, i.e., 8 weeks before delivery and 18 weeks after delivery.

Timeline for Maternity Leave and Benefits

From your post, it is found that:
26 March 18 - Applied for leave
17 April 18 - Delivery

The company is supposed to pay the prenatal benefit for 26 March to 17 April at the earliest on receipt of the application which you made on 26th March. So it is the duty of the company to give you the prenatal benefit (max 8 weeks) as soon as they are informed about your pregnancy. The Act does not prescribe any specific timeframe for the payment of prenatal maternity benefit but encourages quick payment.

For postnatal maternity benefit, the payment has to be made within 2 days from the date of delivery. Since you delivered on 17th April, the management is required to give you the full postnatal maternity benefit for 18 weeks by 19th April.

This is the settled position. Anything else is a violation of the Act. 

Maternity Leave and Salary Concerns

As I applied for maternity leave on 26 March 2018 and delivered on 17 April 2018, I have not been paid the salary for the month of March and have received maternity benefits for only four months since then. Moreover, the management is saying that they will pay for the month of March in one more week, and the remaining maternity benefits, i.e., two months, will be paid after one month of continuous duties upon rejoining. I joined the institution after completing my maternity leave and applied for leave without salary, which I am availing of to date. As they have not paid me on time, I am considering quitting the job. Kindly guide me on how to address the present scenario and avail the remaining maternity benefits and salary for the month of March.

Regards,
Dr. Sarita

Maternity Leave and Salary Concerns

As I applied for maternity leave on 26 March 2018 and delivered on 17 April 2018, I have not been paid the salary for the month of March and have received maternity benefits for only four months since then. Moreover, the management is saying that they will pay for the month of March in one more week, and the remaining maternity benefits, i.e., two months, will be paid after one month of continuous duties after rejoining. I joined the institution after completing my maternity leave and applied for leave without salary, which I am still availing. As they have not paid me on time, I am likely to quit the job. Kindly guide me on how to address the present scenario, avail the remaining maternity benefits, and receive the salary for the month of March.

Regards,
Dr. Sarita