Hi, I have joined on 24th July and am on probation for six months. I am expecting, and my due date is in the first week of December. Please confirm if I will be paid for my maternity leave or not.
From India, Delhi
Acknowledge(0)
Amend(0)
48From India, Delhi
Acknowledge(0)Amend(0)
Dear Charu, One is entitled for Maternity Leaves only after completion of 1 yr with the organisation.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Hi Upasana,
I have read in CiteHR that a woman who has served 80 days in the company is entitled to Maternity Benefits. However, I'll check the same once again, and if you can also confirm with me once more.
Warm regards,
Charu
From India, Delhi
Acknowledge(0)Amend(0)
I have read in CiteHR that a woman who has served 80 days in the company is entitled to Maternity Benefits. However, I'll check the same once again, and if you can also confirm with me once more.
Warm regards,
Charu
From India, Delhi
Acknowledge(0)Amend(0)
As per the Maternity Benefits Act, a woman employee is entitled to maternity benefits if she has worked for 80 days during the 12 months immediately preceding the date of delivery. Probation or a service of one year is immaterial for maternity benefits.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Dear Charu,
No woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she claims maternity benefits for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
Provided that the qualifying period of 80 days aforesaid shall not apply to a woman who has immigrated into the state of Assam and was pregnant at the time of immigration.
From India, New Delhi
Acknowledge(0)Amend(0)
No woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she claims maternity benefits for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
Provided that the qualifying period of 80 days aforesaid shall not apply to a woman who has immigrated into the state of Assam and was pregnant at the time of immigration.
From India, New Delhi
Acknowledge(0)Amend(0)
Dear all,
Thank you for your input. I have one more query. One of my friends is expecting and this is her 5th month. She is working in a Chemical Laboratory. She is given work in a Fume Hood. She refuses (because chemical fumes are harmful) and requests her seniors to assign her lighter work. However, she is being forced to work there.
Is there any clause in the Maternity Act which states that she cannot work in a toxic environment and should be given lighter work? Also, if she continues to work there and any abnormalities occur during childbirth or if the child is born with abnormalities, what legal obligations is the company responsible for?
Please help and guide me.
Regards,
Hansa Vyas
From India, Udaipur
Acknowledge(0)Amend(0)
Thank you for your input. I have one more query. One of my friends is expecting and this is her 5th month. She is working in a Chemical Laboratory. She is given work in a Fume Hood. She refuses (because chemical fumes are harmful) and requests her seniors to assign her lighter work. However, she is being forced to work there.
Is there any clause in the Maternity Act which states that she cannot work in a toxic environment and should be given lighter work? Also, if she continues to work there and any abnormalities occur during childbirth or if the child is born with abnormalities, what legal obligations is the company responsible for?
Please help and guide me.
Regards,
Hansa Vyas
From India, Udaipur
Acknowledge(0)Amend(0)
As per Section 4 of the act, a pregnant woman, if requested, shall not be employed in any work harmful to pregnancy or child development during the one month prior to six weeks immediately preceding the date of delivery. However, this provision is not applicable during the fifth month.
Varghese Mathew
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Varghese Mathew
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Dear,
Eligibility for Maternity Benefit:
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.
So, based on the above information, you are eligible for maternity benefits.
Rajbir
From India, Coimbatore
Acknowledge(0)Amend(0)
Eligibility for Maternity Benefit:
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.
So, based on the above information, you are eligible for maternity benefits.
Rajbir
From India, Coimbatore
Acknowledge(0)Amend(0)
Dear Hansa,
As per Section 4(3), subclause (4), no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to perform any work of arduous nature or involving long hours of standing during the period of one month immediately preceding the period of 6 weeks before the date of her expected delivery. Such work should not in any way interfere with her pregnancy or the normal development of the fetus, or pose a risk of causing miscarriage or adversely affecting her health. Violation of this section will attract imprisonment for up to one year, a fine extendable up to Rs 5000, or both. Furthermore, such violations may also be considered a breach of human rights, and appropriate action can be taken accordingly.
Thank you.
From India, Pune
Acknowledge(0)Amend(0)
As per Section 4(3), subclause (4), no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to perform any work of arduous nature or involving long hours of standing during the period of one month immediately preceding the period of 6 weeks before the date of her expected delivery. Such work should not in any way interfere with her pregnancy or the normal development of the fetus, or pose a risk of causing miscarriage or adversely affecting her health. Violation of this section will attract imprisonment for up to one year, a fine extendable up to Rs 5000, or both. Furthermore, such violations may also be considered a breach of human rights, and appropriate action can be taken accordingly.
Thank you.
From India, Pune
Acknowledge(0)Amend(0)
Ms. Hansa Vyas,
According to the Maternity Act, the female employee has the right to request light work that is not harmful or strenuous for both the mother and the child. Working in a toxic environment could be harmful and strenuous for both the mother and the child.
Please note that it may be difficult to conclude that any abnormality in the child is due to working in a toxic environment. It requires a lot of proof and evidence. Therefore, I feel it is advisable to request the management to assign you less strenuous work.
Regards,
UMESH KAPOOR
From India, Mumbai
Acknowledge(0)Amend(0)
According to the Maternity Act, the female employee has the right to request light work that is not harmful or strenuous for both the mother and the child. Working in a toxic environment could be harmful and strenuous for both the mother and the child.
Please note that it may be difficult to conclude that any abnormality in the child is due to working in a toxic environment. It requires a lot of proof and evidence. Therefore, I feel it is advisable to request the management to assign you less strenuous work.
Regards,
UMESH KAPOOR
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Mr. Mathew,Mr. DMC and Mr. Kapoor, Thanks a lot for your valuable suggestions. Looking forward for such helpful suggestions in all matters in future too from all our members. Thanks, Hansa
From India, Udaipur
Acknowledge(0)Amend(0)
From India, Udaipur
Acknowledge(0)Amend(0)
I agree with Mr. Madhu T K. Would like to add training period, probation period or confirmation is immaterial for meeting any statutory obligation of the employer. regards, Kamal P
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Dear Sir/Madam,
If she had worked 80 days in her previous employment and during her pregnancy, let's say in the 3rd or 4th month, she joins another company, can she avail maternity benefits from the prior employer? What if she is covered under ESI?
Thank you.
From India, Chennai
Acknowledge(0)Amend(0)
If she had worked 80 days in her previous employment and during her pregnancy, let's say in the 3rd or 4th month, she joins another company, can she avail maternity benefits from the prior employer? What if she is covered under ESI?
Thank you.
From India, Chennai
Acknowledge(0)Amend(0)
FYIP. Pls see the what does act say:
THE MATERNITY BENEFIT ACT, 1961
This Act made provisions for payment of wages to a woman during leave period for giving birth to child, miscarriage, illness arising out of pregnancy, delivery and pre-mature birth of child or miscarriage.
A woman is entitled for full wages during leave for aforesaid reasons. The leave period for delivery of child is 12 weeks while in case of miscarriage, it is 6 weeks. For other reasons, it is one month.
This benefit can be claimed by women who have worked minimum 80 days during last 12 months in establishment. This Act does not apply to any factory-establishment to which “Employees State Insurance Act” is applicable. The women getting salary of more than Rs. 6,500/- is also not entitled for this benefit.
A notice for claim of this benefit is to be given by women to employer. Employer is prohibited to dismiss the women employee during the entitlement of this benefit. Section 18 of this Act described the conditions when this benefit can be forfeiture.
Provisions for Inspectors to implement this law are also made. Inspectors are given to power to direct employer to make payment under this Act.
From India, Nasik
Acknowledge(0)Amend(0)
THE MATERNITY BENEFIT ACT, 1961
This Act made provisions for payment of wages to a woman during leave period for giving birth to child, miscarriage, illness arising out of pregnancy, delivery and pre-mature birth of child or miscarriage.
A woman is entitled for full wages during leave for aforesaid reasons. The leave period for delivery of child is 12 weeks while in case of miscarriage, it is 6 weeks. For other reasons, it is one month.
This benefit can be claimed by women who have worked minimum 80 days during last 12 months in establishment. This Act does not apply to any factory-establishment to which “Employees State Insurance Act” is applicable. The women getting salary of more than Rs. 6,500/- is also not entitled for this benefit.
A notice for claim of this benefit is to be given by women to employer. Employer is prohibited to dismiss the women employee during the entitlement of this benefit. Section 18 of this Act described the conditions when this benefit can be forfeiture.
Provisions for Inspectors to implement this law are also made. Inspectors are given to power to direct employer to make payment under this Act.
From India, Nasik
Acknowledge(0)Amend(0)
Dear Sonali B,
plz dont confuse members with your wrong inputs at this forum. First try to gain proper knowledge/information on the topic and then give your input. Dont give input with your half baked knowledge.
There is no salary ceiling for getting benefits under maternity benefits act 1961. There is no dispute on this matter.
If a female employees is not covered under ESIC benefits for whtasoever reasons, by default she will be covered under maternity benefits act 1961.
Lets all follow “It is better to keep our mouth shut and appear fool than to open it and remove all doubt.”
regards,
Kamal P
From India, Pune
Acknowledge(0)Amend(0)
plz dont confuse members with your wrong inputs at this forum. First try to gain proper knowledge/information on the topic and then give your input. Dont give input with your half baked knowledge.
There is no salary ceiling for getting benefits under maternity benefits act 1961. There is no dispute on this matter.
If a female employees is not covered under ESIC benefits for whtasoever reasons, by default she will be covered under maternity benefits act 1961.
Lets all follow “It is better to keep our mouth shut and appear fool than to open it and remove all doubt.”
regards,
Kamal P
From India, Pune
Acknowledge(0)Amend(0)
Dear Kamal, first mind language before commenting. I think yours is half baked knowledge. You go through Factories Act 1948. Get the details & then comment. Sonali
From India, Nasik
Acknowledge(0)Amend(0)
From India, Nasik
Acknowledge(0)Amend(0)
Dear Kamal,
first mind language before commenting. I think yours is half baked knowledge. You go through Factories Act 1948. Get the details & then comment.
Sonali
Attribution: https://www.citehr.com/428487-matern...#ixzz26Fcwfn1Y
From India, Nasik
Acknowledge(0)Amend(0)
first mind language before commenting. I think yours is half baked knowledge. You go through Factories Act 1948. Get the details & then comment.
Sonali
Attribution: https://www.citehr.com/428487-matern...#ixzz26Fcwfn1Y
From India, Nasik
Acknowledge(0)Amend(0)
Sonali, I do have doubt on the compensation cap. Can you please let me know what is the source of the content. Regards, Shiv
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Sonali ..
Greetings!!!!!!
in the above said lines
"This benefit can be claimed by women who have worked minimum 80 days during last 12 months in establishment. This Act does not apply to any factory-establishment to which “Employees State Insurance Act” is applicable. The women getting salary of more than Rs. 6,500/- is also not entitled for this benefit."
my query is as u said women getting salary more than 6,500 is not eligible for maternity benefit .... on which basis u made that statement????
can u pls provide any relevant legal clause in any law for that statement u made ....?
plz do reply soon
regards
raja
From India, Visakhapatnam
Acknowledge(0)Amend(0)
Greetings!!!!!!
in the above said lines
"This benefit can be claimed by women who have worked minimum 80 days during last 12 months in establishment. This Act does not apply to any factory-establishment to which “Employees State Insurance Act” is applicable. The women getting salary of more than Rs. 6,500/- is also not entitled for this benefit."
my query is as u said women getting salary more than 6,500 is not eligible for maternity benefit .... on which basis u made that statement????
can u pls provide any relevant legal clause in any law for that statement u made ....?
plz do reply soon
regards
raja
From India, Visakhapatnam
Acknowledge(0)Amend(0)
Dear charu u r entitle for the maternity leave.but weekly holidays & all leave paid or unpaid r not included in these 80 days. Sanjay thakur
From India, Jind
Acknowledge(0)Amend(0)
From India, Jind
Acknowledge(0)Amend(0)
Madam,
For the calculation of 80 working days, the following explanation given under section 5 of the MB Act may be helpful:
"For the purpose of calculating under the sub-section, the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account."
Accordingly, count your working days and paid holidays. All the best.
From India, Delhi
Acknowledge(0)Amend(0)
For the calculation of 80 working days, the following explanation given under section 5 of the MB Act may be helpful:
"For the purpose of calculating under the sub-section, the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account."
Accordingly, count your working days and paid holidays. All the best.
From India, Delhi
Acknowledge(0)Amend(0)
@ Sonali B...
I think you have not understood the explanation given in the act.
Let me explain to you.
Section 5-B of the Maternity Benefit Act 1961 explains the payment of maternity benefits in certain cases. Every woman:
(a) who is employed in a factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause (b) of clause (9) of Section 2 of that Act; and
(c) who fulfills the conditions specified in sub-section (2) of Section 5, shall be entitled to the payment of maternity benefit under this Act.
Subclause b is talking about the Employees State Insurance Act, 1948, which states that employees earning wages up to ₹15,000 (previously it was ₹6,500 [1997-2004], then ₹7,500, and now ₹10,000, as you have mentioned) are eligible to receive benefits under the ESIC Act. Anyone earning wages above ₹15,000 is not covered under the ESIC Act, 1948.
Hence, any female employee working in a factory covered under ESIC whose wages are above ₹15,000 (not entitled to ESIC benefits due to the wages ceiling) is covered under the Maternity Benefits Act 1961 by default. There are no ifs and buts in this explanation; the only criterion is a work period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
It seems you are from Maharashtra, so to understand the topic properly, please go through the rules as explained in the Maharashtra Maternity Benefit Rules, 1965.
The Factory Act 1948 and the Maternity Benefits Act 1961 are two different acts, and in case of a clash of provisions, though there is none, the Maternity Benefit Act would prevail as it is a social benefit legislation.
I repeat, there is no salary ceiling for receiving benefits under the Maternity Benefits Act in any type of industry.
I hope your doubts are clear now.
A wise tip for you: Upgrade your knowledge. Don't react and don't make it a prestige issue if someone tries to correct you.
From India, Pune
Acknowledge(0)Amend(0)
I think you have not understood the explanation given in the act.
Let me explain to you.
Section 5-B of the Maternity Benefit Act 1961 explains the payment of maternity benefits in certain cases. Every woman:
(a) who is employed in a factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause (b) of clause (9) of Section 2 of that Act; and
(c) who fulfills the conditions specified in sub-section (2) of Section 5, shall be entitled to the payment of maternity benefit under this Act.
Subclause b is talking about the Employees State Insurance Act, 1948, which states that employees earning wages up to ₹15,000 (previously it was ₹6,500 [1997-2004], then ₹7,500, and now ₹10,000, as you have mentioned) are eligible to receive benefits under the ESIC Act. Anyone earning wages above ₹15,000 is not covered under the ESIC Act, 1948.
Hence, any female employee working in a factory covered under ESIC whose wages are above ₹15,000 (not entitled to ESIC benefits due to the wages ceiling) is covered under the Maternity Benefits Act 1961 by default. There are no ifs and buts in this explanation; the only criterion is a work period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
It seems you are from Maharashtra, so to understand the topic properly, please go through the rules as explained in the Maharashtra Maternity Benefit Rules, 1965.
The Factory Act 1948 and the Maternity Benefits Act 1961 are two different acts, and in case of a clash of provisions, though there is none, the Maternity Benefit Act would prevail as it is a social benefit legislation.
I repeat, there is no salary ceiling for receiving benefits under the Maternity Benefits Act in any type of industry.
I hope your doubts are clear now.
A wise tip for you: Upgrade your knowledge. Don't react and don't make it a prestige issue if someone tries to correct you.
From India, Pune
Acknowledge(0)Amend(0)
There is no wage limit for the benefit under the MB Act. The woman need not be married. Though the ESI Act is applicable to the establishment, an employee is eligible for benefits under the MB Act if her salary is above Rs 15,000 per month and not eligible under the ESI scheme. Her designation or nature of work is immaterial. Even a new employee covered under ESI will be eligible for benefits under the MB Act (subject to conditions) until she becomes eligible under the ESI Act without default.
VARGHESE MATHEW
09961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
VARGHESE MATHEW
09961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
80 days are not counted based on the financial year or date of joining, but it is 80 days during the period of 12 months immediately preceding the date of delivery/expected date of delivery. The expected date of delivery is important because only 6 weeks of leave can be granted before the date of delivery, and as the date of delivery can change, we take the expected date of delivery. Therefore, 12 months are taken backwards from the expected date of delivery.
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Any woman employee working for the company for the last 80 days is entitled to maternity leave. Before delivery, she is entitled to 6 weeks of leave, and after delivery, another 6 weeks. If she wants an additional week, she must inform HR first. During this leave period, she will not receive any wages from the company but will receive money from ESI. All permanent employees are eligible, except for apprentices and trainees. For more details, refer to the Shops and Establishments Act, Section 24 and 25.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Hema and all members,
Suppose a company, in its joining letter, states that an employee has to undergo 18 months of training and a 6-month probation period. If a female employee's delivery date falls within her training period (specifically, the last month of training), is she eligible for maternity leave?
For example, if she joins on 1 Jan 2009 (enters the training period from 1 Jan 2009 to 31 July 2010, and probation from 1 Aug to 1 Jan '11), got married in Feb 09, and her delivery date is 28 July 2010, would she be eligible for Maternity Leave?
Regards,
Hansa
From India, Udaipur
Acknowledge(0)Amend(0)
Suppose a company, in its joining letter, states that an employee has to undergo 18 months of training and a 6-month probation period. If a female employee's delivery date falls within her training period (specifically, the last month of training), is she eligible for maternity leave?
For example, if she joins on 1 Jan 2009 (enters the training period from 1 Jan 2009 to 31 July 2010, and probation from 1 Aug to 1 Jan '11), got married in Feb 09, and her delivery date is 28 July 2010, would she be eligible for Maternity Leave?
Regards,
Hansa
From India, Udaipur
Acknowledge(0)Amend(0)
Contractual Employees are also entitled to Maternity Benefits if there are no such conditions on maternity benefits in the contract.
Just want to share with you all that as per the latest judgment of the Honorable Karnataka High Court, "Contractual Employees are also entitled to maternity benefits under the Maternity Benefit Act."
In its landmark judgment, the Honorable Court ruled "that the provisions of the Statutory Act and State Policy as per the Constitution of India would prevail over the terms and conditions of contractual employment."
The court ruled that "where the terms and conditions on maternity benefits are absent in the contract, the provisions of the Maternity Benefit Act, being a statutory provision, will automatically apply."
Regards,
Kamal
From India, Pune
Acknowledge(0)Amend(0)
Just want to share with you all that as per the latest judgment of the Honorable Karnataka High Court, "Contractual Employees are also entitled to maternity benefits under the Maternity Benefit Act."
In its landmark judgment, the Honorable Court ruled "that the provisions of the Statutory Act and State Policy as per the Constitution of India would prevail over the terms and conditions of contractual employment."
The court ruled that "where the terms and conditions on maternity benefits are absent in the contract, the provisions of the Maternity Benefit Act, being a statutory provision, will automatically apply."
Regards,
Kamal
From India, Pune
Acknowledge(0)Amend(0)Gathering data for an AI comment.... Sending emails to relevant members...
Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf