Hi , My employer says that I am not eligible for maternity leaves because I am not working in there firm from past 2.5 years. But as per my knowledge, to avail the benefits under maternity benefit Act 2017, a woman should have been working in a particular establishment for a period of at least eighty days in the past twelve months. I joined there firm on 27th march 2017 & I found about my pregnancy on 24th Aug 2018 ( 17 working months till date) and I took my maternity leaves from 1 April 2019 (25 working months till date) (my delivery date was 30th April 2019) .
There firm is a proprietorship and there are 10 working employees including Pantry boy & Driver & Site supervisors (I didn’t include my 2 bosses who are the owner of the company). Although They gave me 6 months leave (3 Paid & 3 Unpaid). Now the Thing is I joined the office after completion of my 6 months leave, but after 4months of joining my mother in law got sick (because she is on insulin and due to work load she was not able to take care of herself) & then I realize that I have to leave job to take care of my family. But my employer deduct my one month salary as a compensate of maternity benefit. They said that it’s too early to resign and you were not eligible for maternity benefit but still in a good relationship we gave you 3 months paid maternity leaves. So basically I want to know that, Are they right? I was not eligible or I have to compensate one month salary.
There firm is a proprietorship and there are 10 working employees including Pantry boy & Driver & Site supervisors (I didn’t include my 2 bosses who are the owner of the company). Although They gave me 6 months leave (3 Paid & 3 Unpaid). Now the Thing is I joined the office after completion of my 6 months leave, but after 4months of joining my mother in law got sick (because she is on insulin and due to work load she was not able to take care of herself) & then I realize that I have to leave job to take care of my family. But my employer deduct my one month salary as a compensate of maternity benefit. They said that it’s too early to resign and you were not eligible for maternity benefit but still in a good relationship we gave you 3 months paid maternity leaves. So basically I want to know that, Are they right? I was not eligible or I have to compensate one month salary.