Dear All,
One of the employees who joined on 1st August 2022 is requesting maternity leave starting from 1st November 2022. She is earning a salary of more than 21000 and is not covered under ESIC. Can we, as employers, deny the benefits? Please advise...
From India, Mumbai
One of the employees who joined on 1st August 2022 is requesting maternity leave starting from 1st November 2022. She is earning a salary of more than 21000 and is not covered under ESIC. Can we, as employers, deny the benefits? Please advise...
From India, Mumbai
Hi As per the Act, for eligibility of maternity leave, 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.
From India, Madras
From India, Madras
She can then go to the labor commissioner, and he will file a case against you. In that case, it is most likely that the court will order the payment and compensation, and the same will be recovered from your company by the government and handed over to the concerned employees, maybe along with penalty and interest.
From India, Mumbai
From India, Mumbai
If she has worked for you for less than 80 days, then she is not eligible for maternity leave.
From India, Mumbai
From India, Mumbai
I was going through the Maternity Benefit Act 1961.
The maximum period for which any woman shall be entitled to maternity benefit shall be 26 weeks, of which not more than 8 weeks shall precede the date of expected delivery.
I didn't understand about not more than 8 weeks. Can you please explain.
From India, Kalyan
The maximum period for which any woman shall be entitled to maternity benefit shall be 26 weeks, of which not more than 8 weeks shall precede the date of expected delivery.
I didn't understand about not more than 8 weeks. Can you please explain.
From India, Kalyan
The total Maternity Benefit is salary to be paid for 26 weeks. This can be pre and post-delivery. However, before delivery, it cannot exceed 8 weeks, meaning at least 18 weeks have to be provided post-delivery. If the number of days of leave taken before delivery is more than 8 weeks, the rest will be without pay or using accumulated leave.
The employer can provide more than the legal requirements.
From India, Mumbai
The employer can provide more than the legal requirements.
From India, Mumbai
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