As per maternity act there is no such rule for women employee,like she has to complete 90 days of 180 days ,she is entitle to receive every benefit from employer .just she has to serve a notice to employer, As per law-
"Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
So i think now employer should not deny to give you leave benefit under this Act.
you can take a legal advice also.
From India, Pune
16"Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
So i think now employer should not deny to give you leave benefit under this Act.
you can take a legal advice also.
From India, Pune
1. Dear member, please see section 5(2) of the Maternity Benefit Act, 1961, which reads as follows:-
"(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery:"
2. The only exception to the condition laid down as above is "a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration".
From India, Noida
"(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery:"
2. The only exception to the condition laid down as above is "a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration".
From India, Noida
As per law you are eligible for maternity leave
Going through a lawyer is expensive and in the end counter productive because of time, efforts, cost and the fact that your career thereafter gets affected. No employee wants an employee who has gone to court.
You can show them the law and tell them that you are willing to resign but they should pay 12 weeks maternity leave. If they agree good. If not you need to decide how much you want to invest in a fight
If they are giving you a months salary as notice pay, why are you worried about they not paying ? Do they have a habit of bluffing or going back on their words ?
You must also remember that any stress that comes during this time is bad for health of you and your child. So you need to weigh the economic parameters and health and decide if you can afford to just walk off with a notice period and look for a fresh job later.
From India, Mumbai
Going through a lawyer is expensive and in the end counter productive because of time, efforts, cost and the fact that your career thereafter gets affected. No employee wants an employee who has gone to court.
You can show them the law and tell them that you are willing to resign but they should pay 12 weeks maternity leave. If they agree good. If not you need to decide how much you want to invest in a fight
If they are giving you a months salary as notice pay, why are you worried about they not paying ? Do they have a habit of bluffing or going back on their words ?
You must also remember that any stress that comes during this time is bad for health of you and your child. So you need to weigh the economic parameters and health and decide if you can afford to just walk off with a notice period and look for a fresh job later.
From India, Mumbai
Hi ! All I read all of your Questions and Answers but I personally felt there is still a big lack in exchange of information between both side of questioning and answering E.G.
What if the employer still doesnt agree or recognise what the employees are saying. ?
What next or what should be done in case of force termination from employer's side?
What steps need to be taken , what procedure to be followed etc....
From India, Bangalore
What if the employer still doesnt agree or recognise what the employees are saying. ?
What next or what should be done in case of force termination from employer's side?
What steps need to be taken , what procedure to be followed etc....
From India, Bangalore
If the employer refuses to do what the law requires him to do, then the only option the employee has is to complain to the labour commissioner of the area about the same. The labour commissioner would then inquirie into the matter and enforce the law. He may also file a case with the court if the employer still does not follow the rules
From India, Mumbai
From India, Mumbai
Hi All,
I am working in an IT Company as HR and my Employer/ management want to make a contract in offer letter that employees will be eligible for maternity benefit after two years and if employee is pregnant before that period ,employee should resign by them self. is it Legal? what else I can Do ? pls Suggest...
Regards,
Meenakshi
From India, Chennai
I am working in an IT Company as HR and my Employer/ management want to make a contract in offer letter that employees will be eligible for maternity benefit after two years and if employee is pregnant before that period ,employee should resign by them self. is it Legal? what else I can Do ? pls Suggest...
Regards,
Meenakshi
From India, Chennai
1. Dear member, I think, your employer must be knowing that any contract or agreement executed or made in contravention of any law in force is void ab initio and has no validity in law.
2. So far as I understand in this citeHR, we discuss legal/lawful ways regarding eligibility and claims of various benefits under various laws.
From India, Noida
2. So far as I understand in this citeHR, we discuss legal/lawful ways regarding eligibility and claims of various benefits under various laws.
From India, Noida
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf