Can I get maternity benefit or not - joined December 2018 and my probation period completed in March 2019

Dear Sir,

This is Megha. I have been working in the IT sector since December 2018, and my probation period was completed in March 2019. I would like to inquire whether I am eligible for maternity benefits. Could you please clarify this for me?

Thank you.

You should be eligible if you have served more than 80 days, provided your company falls under the coverage of the MB Act.

Thank you!

Dear Megha,

To answer this correctly, please let us know if you are covered under ESI or not.

Regards,
Rahul

Hi there,

Under the Maternity Benefit (MB) Act, a woman is eligible to receive maternity benefits if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery. Women employed in factories, mines, shops, and establishments with 10 or more employees, as well as other notified establishments, are entitled to 12 weeks of maternity leave with full wages.

If you come under the purview of the Employee State Insurance (ESI), you can receive maternity benefits through ESI. Otherwise, the employer has to pay you salary for 182 days (6 months) and should also consider any extension requests from the employee to nurture the baby. However, this will be on Leave Without Pay (LWP) basis.

Dear Friend,

The act is applicable to all establishments employing 10 or more employees. A woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months to be eligible to avail the benefit. Paid maternity leave is available for women employees, increasing from the existing 12 weeks to 26 weeks. Under the Maternity Benefit Amendment Act, this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date, and the remaining time can be availed post childbirth.

Hello,

I recently joined a private limited company in an HR role. Since there was no established HR department previously, I am tasked with drafting all HR policies. The company falls under the PF and ESI schemes.

Should I create a Maternity Paid Leave Policy for female employees who do not fall under the ESI scheme? Management has expressed that they prefer not to provide paid leave and are willing to offer Leave Without Pay instead. Is this decision correct? What course of action should I take?

Thank you.

Hi,

I hope your company falls under the purview of the Maternity Benefit Act. If yes, then it is not correct at all. The employer has to pay maternity benefit salary for 182 days (6 months). In case of denial, the employee has the right to file a case against the employer with the Labor department.

Hello, V.M. Sir,

How would I know if my company comes under the purview of the Maternity Benefit Act? What is the basis?

Regards

Hi,

Please refer to the Act regarding its applicability. The act is applicable to all establishments employing 10 or more employees. A woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months to be eligible to avail the benefits.

Yes, currently we have 50 employees. It's a 20-year-old company, a private limited company, already covered in PF and ESI. So, I think my company has to give maternity leave paid as per law.

And one more thing... Do we have to pay the salary on a monthly basis when a female employee goes on maternity leave? For example, if her leave starts from 1st June, should we release her June salary in the month of July, as we would do for any other employee? What should we do if an employee, after receiving maternity leave payment on a monthly basis, refuses to rejoin the company?

Regards

Hi,

Total eligibility is 182 days, so count the start date accordingly. If her Maternity leave starts from 1st June, then June salary should be paid in July. As per the Act, full salary should be paid.

With regard to your query "What if an employee, after receiving maternity leave payment on a monthly basis, decides not to rejoin the company?" - Yes, the employee may choose to extend leave or sometimes submit a resignation due to ill health. In that case, she may be advised to follow the proper exit process.

In some companies, to ensure the employee returns to work, they pay half-month salary every month during the maternity leave period and hold the balance of half-month salary, which will be credited back to her bank account once she returns to duty.

Ok, so 182 days working in the last 12 months... If an employee just joined before 6 months (overall duration in the establishment is 6 months only) but has full attendance, can she still avail of maternity leave benefits, or not? Regards

Dear Friend,

If she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery, as you shared inputs, she has completed the eligibility, so she can avail the maternity benefit.

Ravi Sir,

Is this 80 days or 180 days in the last 12 months? For example, the expected delivery date is in August 2019, and she has joined us in February 2019. She has good attendance to date. Now, have 80 days (or 180 days clause) been completed or not?

Do we have to check on a 12-month basis or total working days? I have read in many places that "every woman employee, whether employed directly or through a contractor, who has actually worked in the establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefits."

Regards

Dear Monika,

In your case, she is eligible to avail the MB benefit, and it's 80 days, not 180. There is nothing to check; it's on a working day's basis.

Sir,Actually I am confused due to Eligibility criteria under ESI..
Which says..
"The ESI scheme provides maternity benefits at the rate of full wage subject to an insured woman’s contribution for at least 80 days in the preceding two consecutive contribution periods."
its look employee has to complete 12 months.
what is 2 consecutive contribution period here?

Dear Monika,
Under ESIC there is 2 consecutive contribution periods which are
Contribution periods - 1st April to 30th September
1st October to 31st March
The ESI scheme provides maternity benefits at the rate of full wage subject to an insured woman’s contribution for at least 80 days in the preceding two consecutive contribution periods.
Hope its cleared your doubt.

Hello,

Is this true? If yes, then how can the employer claim it?

"Taking note of several reports which indicated a decrease in the recruitment of women workers owing to an increase in maternity leaves, the government has decided to pay 50 per cent of the salary of 14 weeks to women on maternity leave."

Dear Monika,

If she is covered under ESIC, then the employer will not pay her salary. The employee can directly claim from ESIC by submitting the related documents to the ESIC office.

Thank you.