Is My Salary Blocking My Maternity Benefits? Confused About HR's 2-Year Rule!

Hello everyone, I joined my present college as a teaching faculty on April 1st, 2019. I will be proceeding for maternity leave on August 30th, 2019. When I asked my HR for maternity benefits, as I have completed 80 days of work, the HR denied, saying I need to work 2 years in the college to avail it. However, my colleague, who earns less than $21,000, is granted ESI maternity benefits. Does that mean just because I earn $22,000 a month, I am deprived of the benefits? Don't I too have to care for my child for 6 months?

Hi Madhavi,

Yes, you are eligible for maternity benefits. It is a statutory entitlement, and the employer cannot deny it. For the ESI category, they offer maternity benefits through ESI, which means they are obligated to provide maternity benefits to employees.

You can explain to your HR that according to the Maternity Benefit Act, you are eligible, and nowhere is it mentioned that two years of working is a criteria.

Thank you, V. M. Lakshminarayanan. Since HR is being adamant, I have decided to lodge a complaint with NCW. I hope it helps.

Hi,

First, try to resolve issues within the college HR level to the maximum extent possible. Mostly, when these issues escalate, they can turn into ego clashes, where individuals may try to use their influence and challenge all your efforts. Instead of approaching the National Commission for Women (NCW), I would suggest you contact the Labor Officer in your jurisdiction first. If you are not successful in resolving the issue at that level, then consider reaching out to the NCW.

Thank you.