Hi guys,
Please let me know what one can do if your company asks you to go on 6 months of unpaid leave or resign (in the name of recession) when you are 5 months pregnant. Also, the company refrains from paying maternity leave salary or any kind of hospitalization charges.
Which law protects women against such acts, and what legal action can one take against such a company?
Regards,
Namrata
From India, Mumbai
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Please let me know what one can do if your company asks you to go on 6 months of unpaid leave or resign (in the name of recession) when you are 5 months pregnant. Also, the company refrains from paying maternity leave salary or any kind of hospitalization charges.
Which law protects women against such acts, and what legal action can one take against such a company?
Regards,
Namrata
From India, Mumbai
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Dear Namrata,
Of course, it is illegal. If you have completed more than 80 days of service, the individual is entitled to maternity leave. They cannot ask you to resign or proceed on forced leave. You should inform them about the pregnancy in writing, and if they refuse to provide the benefits, then file a case against them with the labor department.
Regards,
JS Malik
From India, Delhi
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174Of course, it is illegal. If you have completed more than 80 days of service, the individual is entitled to maternity leave. They cannot ask you to resign or proceed on forced leave. You should inform them about the pregnancy in writing, and if they refuse to provide the benefits, then file a case against them with the labor department.
Regards,
JS Malik
From India, Delhi
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Dear Namrata, If yo are in company payroll, they are bound to give you either Maternity or ESIC leave, depends on your gross salary. If they are refusing ...pl. do as maliksir suggest....
From India, Madras
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From India, Madras
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Dear Namrataya,
Here is my advice for your query. First, I will talk about eligibility and benefits under ESI, then legal action taken against companies that deny giving benefits under this act.
Eligibility
The Act applies to all women working in any establishment. However, to be eligible, you need to have worked in an organization for at least 80 days before your due date.
Notice
To avail of leave and benefits, you must submit a written notice to your employer. The notice date should begin when you are going on leave. You may give the notice before or soon after delivery. It also depends on the company policy; some organizations require notice before you take leave. Even if you forget to submit the notice, you can still claim the maternity benefit. "It is advisable to have it in writing. It can be used as proof in court in case of any discrepancy."
Benefits
According to the Act, six weeks of paid leave is mandatory. However, if your organization allows more than six weeks, whether you will be paid for the days beyond six weeks depends on the company policy. If you earn less than Rs. 10,000, your company may offer you the State Employees Insurance Scheme (ESIC), a government scheme where a small amount will be deducted from your salary every month. If you are eligible for ESIC, the maternity leave provided by your company will be unpaid. Instead, you will have to claim the amount from the ESIC office in your city. However, all the legwork will have to be done by you. The ESIC benefits cannot be exchanged for the monetary benefits provided by the company.
Legal Action
If you are terminated during the leave period or forced by the employer to resign for unjust reasons (such as absence due to pregnancy, requesting a flexible working time, paid leave, or benefits under the ESI Act), you can take legal action against your employer. In such cases, file a case in the Industrial and Labour Court. The court will then issue a notice to the employer. "Depending on the case, the court will decide on a suitable monetary compensation," explains Madon. Apart from the pay, the employer may also face imprisonment for up to three months.
The Maternity Benefits Act is a beneficial tool for all pregnant working women. However, it is up to you to take advantage of it.
Please provide me with your feedback.
From India, Mumbai
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Here is my advice for your query. First, I will talk about eligibility and benefits under ESI, then legal action taken against companies that deny giving benefits under this act.
Eligibility
The Act applies to all women working in any establishment. However, to be eligible, you need to have worked in an organization for at least 80 days before your due date.
Notice
To avail of leave and benefits, you must submit a written notice to your employer. The notice date should begin when you are going on leave. You may give the notice before or soon after delivery. It also depends on the company policy; some organizations require notice before you take leave. Even if you forget to submit the notice, you can still claim the maternity benefit. "It is advisable to have it in writing. It can be used as proof in court in case of any discrepancy."
Benefits
According to the Act, six weeks of paid leave is mandatory. However, if your organization allows more than six weeks, whether you will be paid for the days beyond six weeks depends on the company policy. If you earn less than Rs. 10,000, your company may offer you the State Employees Insurance Scheme (ESIC), a government scheme where a small amount will be deducted from your salary every month. If you are eligible for ESIC, the maternity leave provided by your company will be unpaid. Instead, you will have to claim the amount from the ESIC office in your city. However, all the legwork will have to be done by you. The ESIC benefits cannot be exchanged for the monetary benefits provided by the company.
Legal Action
If you are terminated during the leave period or forced by the employer to resign for unjust reasons (such as absence due to pregnancy, requesting a flexible working time, paid leave, or benefits under the ESI Act), you can take legal action against your employer. In such cases, file a case in the Industrial and Labour Court. The court will then issue a notice to the employer. "Depending on the case, the court will decide on a suitable monetary compensation," explains Madon. Apart from the pay, the employer may also face imprisonment for up to three months.
The Maternity Benefits Act is a beneficial tool for all pregnant working women. However, it is up to you to take advantage of it.
Please provide me with your feedback.
From India, Mumbai
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Dear Namrata,
It depends on the organization's rules, regulations, and policies that are in place because they might address your specific issue within the policy itself. We cannot deviate from the company's policies and regulations; we must adhere to them. When you joined, you agreed to all the terms and conditions of the organization.
Regards,
Siva Prasad
From India, Nellore
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It depends on the organization's rules, regulations, and policies that are in place because they might address your specific issue within the policy itself. We cannot deviate from the company's policies and regulations; we must adhere to them. When you joined, you agreed to all the terms and conditions of the organization.
Regards,
Siva Prasad
From India, Nellore
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Hi Namrata,
You are eligible to get 12 weeks of fully paid maternity leave under the Maternity Benefits Act, 1961. You can take this leave not before 6 weeks of your expected date of delivery. The entire 12 weeks of leave should be taken in one stretch. You have to support your leave claim with a doctor's certificate explaining your pregnancy confirmation and expected date of delivery.
Every company has to provide maternity leave for 12 weeks and full pay according to this act. The company does not have any relaxation due to a recession or lack of funds. The company also does not have the right to dismiss you or ask you to resign because of your pregnancy. Even while you are on maternity leave, the company does not have the right to terminate your services until you report back to work.
Therefore, you have all rights to take the 12 weeks of maternity leave on full pay. Explain to your HR that you are aware of the Maternity Act and the benefits you are entitled to under this act.
All the best.
Regards,
Roopali Patil
Facilitator/Trainer
Email: [roopalip.27@gmail.com](mailto:roopalip.27@gmail.com)
From India, Bangalore
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You are eligible to get 12 weeks of fully paid maternity leave under the Maternity Benefits Act, 1961. You can take this leave not before 6 weeks of your expected date of delivery. The entire 12 weeks of leave should be taken in one stretch. You have to support your leave claim with a doctor's certificate explaining your pregnancy confirmation and expected date of delivery.
Every company has to provide maternity leave for 12 weeks and full pay according to this act. The company does not have any relaxation due to a recession or lack of funds. The company also does not have the right to dismiss you or ask you to resign because of your pregnancy. Even while you are on maternity leave, the company does not have the right to terminate your services until you report back to work.
Therefore, you have all rights to take the 12 weeks of maternity leave on full pay. Explain to your HR that you are aware of the Maternity Act and the benefits you are entitled to under this act.
All the best.
Regards,
Roopali Patil
Facilitator/Trainer
Email: [roopalip.27@gmail.com](mailto:roopalip.27@gmail.com)
From India, Bangalore
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is it really so that the maternity benifit rules also differ acc. to the type of company(proprietorship,MNC etc.) as said .......
From India, Delhi
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From India, Delhi
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Hi Namrata,
I can understand the state you must be in. Please refer to the Maternity Benefit Act 1961. It is quite elaborate and will answer your queries. This act is applicable to every establishment. You are entitled to the benefits if you have worked for at least 80 days in the last 12 months with the current employer. You are entitled to a maximum of 12 weeks of benefit period out of which not more than 6 weeks can precede the date of expected delivery. You are entitled to wages for this period (12 weeks) which include cash allowances (DA, HRA), incentive bonus but not any other bonus, nor overtime earnings, nor contributions payable by the employer towards PF, pension, etc., nor gratuity. I think the act also allows every woman who is covered under this act to be entitled to a medical bonus from her employer, about Rs250/- if no prenatal confinement and post-natal care is provided by the employer free of charge.
There are also conditions specified regarding the prohibition of dismissal during absence due to pregnancy, I think it means for the period of 12 weeks, but I don't think there is any mention of giving a 5-month break by the employer which could be termed unlawful.
The bottom line is that you are entitled to the benefits as per the act. Please read the act and check the applicability before you confront your employer. If the act is applicable, the employer is liable for punishment, including imprisonment for not following the act. I am not sure about your terms of employment and the medical benefits associated with it to comment on that area.
All the best and don't get stressed.
From India, Visakhapatnam
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I can understand the state you must be in. Please refer to the Maternity Benefit Act 1961. It is quite elaborate and will answer your queries. This act is applicable to every establishment. You are entitled to the benefits if you have worked for at least 80 days in the last 12 months with the current employer. You are entitled to a maximum of 12 weeks of benefit period out of which not more than 6 weeks can precede the date of expected delivery. You are entitled to wages for this period (12 weeks) which include cash allowances (DA, HRA), incentive bonus but not any other bonus, nor overtime earnings, nor contributions payable by the employer towards PF, pension, etc., nor gratuity. I think the act also allows every woman who is covered under this act to be entitled to a medical bonus from her employer, about Rs250/- if no prenatal confinement and post-natal care is provided by the employer free of charge.
There are also conditions specified regarding the prohibition of dismissal during absence due to pregnancy, I think it means for the period of 12 weeks, but I don't think there is any mention of giving a 5-month break by the employer which could be termed unlawful.
The bottom line is that you are entitled to the benefits as per the act. Please read the act and check the applicability before you confront your employer. If the act is applicable, the employer is liable for punishment, including imprisonment for not following the act. I am not sure about your terms of employment and the medical benefits associated with it to comment on that area.
All the best and don't get stressed.
From India, Visakhapatnam
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Dear Namrataya,
Please search this site, as Maternity Benefits have been a very popular topic of discussion. You'll get all the relevant information.
Secondly, as advised by others, please furnish more details about yourself - job profile and the company. It is very common to find small, bad companies flouting labor legislations and denying guaranteed benefits to their employees. CiteHR fraternity is with you and shall offer all possible help.
Regards.
From India, Delhi
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Please search this site, as Maternity Benefits have been a very popular topic of discussion. You'll get all the relevant information.
Secondly, as advised by others, please furnish more details about yourself - job profile and the company. It is very common to find small, bad companies flouting labor legislations and denying guaranteed benefits to their employees. CiteHR fraternity is with you and shall offer all possible help.
Regards.
From India, Delhi
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Hi everyone!
I really appreciate the suggestions given by all of you. However, taking the legal course of action is all bookish and just not practical. I'm saying so because I have been a victim of such circumstances myself.
When my employer came to know of my pregnancy, all of a sudden they started raising questions on my performance and asked me to resign. Since I was aware of the Maternity Benefit Act, I gave them a written application about my pregnancy and requested for leaves when required. After that, the company started harassing me mentally by humiliating me at each opportunity about my performance, and my health started deteriorating all of a sudden. That led to my proceeding on maternity leave well in advance. The pay structure was such that some part was paid as salary and some against bills as reimbursements to save tax (though the appointment letter talked only of gross CTC with income tax and PF deductions and PLI). Thus, during the maternity leave period, my reimbursements were not paid. I had requested for my PLI before proceeding on my leaves, and only 50% was paid to me. Later, I was told your performance appraisal has been done in your absence, and you are only eligible for 50% (already paid to you).
Just 10 days before my joining back, I was terminated from my services (letter sent to my residence), and dues were not properly settled. In fact, when I went to the office to speak to HR and my boss, I was not allowed to enter the office. I filed an application to the Labour Commissioner and with great difficulty got my Form 16 and PF withdrawal form.
The Labour Officer too didn't help much as he was bribed by the organization, and I didn't have those means.
I was not paid my rightful justified dues and was subjected to a lot of mental tension, which almost caused me my son's life.
Since I was at a managerial level, there was no door open for me to take any legal course of action and hence had to leave things as they are in the end. I don't think our legal system actually helps.
From India, Gurgaon
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I really appreciate the suggestions given by all of you. However, taking the legal course of action is all bookish and just not practical. I'm saying so because I have been a victim of such circumstances myself.
When my employer came to know of my pregnancy, all of a sudden they started raising questions on my performance and asked me to resign. Since I was aware of the Maternity Benefit Act, I gave them a written application about my pregnancy and requested for leaves when required. After that, the company started harassing me mentally by humiliating me at each opportunity about my performance, and my health started deteriorating all of a sudden. That led to my proceeding on maternity leave well in advance. The pay structure was such that some part was paid as salary and some against bills as reimbursements to save tax (though the appointment letter talked only of gross CTC with income tax and PF deductions and PLI). Thus, during the maternity leave period, my reimbursements were not paid. I had requested for my PLI before proceeding on my leaves, and only 50% was paid to me. Later, I was told your performance appraisal has been done in your absence, and you are only eligible for 50% (already paid to you).
Just 10 days before my joining back, I was terminated from my services (letter sent to my residence), and dues were not properly settled. In fact, when I went to the office to speak to HR and my boss, I was not allowed to enter the office. I filed an application to the Labour Commissioner and with great difficulty got my Form 16 and PF withdrawal form.
The Labour Officer too didn't help much as he was bribed by the organization, and I didn't have those means.
I was not paid my rightful justified dues and was subjected to a lot of mental tension, which almost caused me my son's life.
Since I was at a managerial level, there was no door open for me to take any legal course of action and hence had to leave things as they are in the end. I don't think our legal system actually helps.
From India, Gurgaon
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Dear Shefali,
I too agree with you. Practically, things are like that only. The points discussed by friends are correct legally. The employers who do not want to follow the law are the ones who engage in such acts.
Regards,
JS Malik
Hi everyone!
I really appreciate the suggestions given by you all. However, taking the legal course of action is all bookish and just not practical. I'm saying so because I have been a victim of such circumstances myself.
When my employer came to know of my pregnancy, all of a sudden they started raising questions on my performance and asked me to resign. Since I was aware of the Maternity Benefit Act, I gave them a written application about my pregnancy and requested leaves when required. After that, the company started mentally harassing me by humiliating me at each opportunity regarding my performance, and my health started deteriorating all of a sudden. This led to my proceeding on maternity leave well in advance. The pay structure was such that some part was paid as salary and some against bills as reimbursements to save tax (though the appointment letter only talked about gross CTC with income tax and PF deductions and PLI). Thus, during the maternity leave period, my reimbursements were not paid. I had requested my PLI before proceeding on my leaves, and only 50% was paid to me. Later, I was informed that my performance appraisal had been done in my absence, and I was only eligible for the 50% already paid to me.
Just 10 days before my joining back, I was terminated from my services (letter sent to my residence), and dues were not properly settled. In fact, when I went to the office to speak to HR and my boss, I was not allowed to enter the office. I filed an application to the labor commissioner and with great difficulty got my Form 16 and PF withdrawal form. The labor officer also didn't help much as he was bribed by the organization, and I didn't have those means.
I was not paid my rightfully justified dues and was subjected to a lot of mental tension, which almost caused me my son's life. Since I was at a managerial level, there was no door open for me to take any legal course of action, and hence had to leave things as they were in the end. I don't think our legal system actually helps.
[End of user input]
From India, Delhi
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I too agree with you. Practically, things are like that only. The points discussed by friends are correct legally. The employers who do not want to follow the law are the ones who engage in such acts.
Regards,
JS Malik
Hi everyone!
I really appreciate the suggestions given by you all. However, taking the legal course of action is all bookish and just not practical. I'm saying so because I have been a victim of such circumstances myself.
When my employer came to know of my pregnancy, all of a sudden they started raising questions on my performance and asked me to resign. Since I was aware of the Maternity Benefit Act, I gave them a written application about my pregnancy and requested leaves when required. After that, the company started mentally harassing me by humiliating me at each opportunity regarding my performance, and my health started deteriorating all of a sudden. This led to my proceeding on maternity leave well in advance. The pay structure was such that some part was paid as salary and some against bills as reimbursements to save tax (though the appointment letter only talked about gross CTC with income tax and PF deductions and PLI). Thus, during the maternity leave period, my reimbursements were not paid. I had requested my PLI before proceeding on my leaves, and only 50% was paid to me. Later, I was informed that my performance appraisal had been done in my absence, and I was only eligible for the 50% already paid to me.
Just 10 days before my joining back, I was terminated from my services (letter sent to my residence), and dues were not properly settled. In fact, when I went to the office to speak to HR and my boss, I was not allowed to enter the office. I filed an application to the labor commissioner and with great difficulty got my Form 16 and PF withdrawal form. The labor officer also didn't help much as he was bribed by the organization, and I didn't have those means.
I was not paid my rightfully justified dues and was subjected to a lot of mental tension, which almost caused me my son's life. Since I was at a managerial level, there was no door open for me to take any legal course of action, and hence had to leave things as they were in the end. I don't think our legal system actually helps.
[End of user input]
From India, Delhi
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Dear Friend,
In one of my earlier responses, I had suggested that whenever anyone poses a problem, the query made should be complete. In the instant matter, basic details like DOJ, Salary, Designation, etc., could have been mentioned in the first mail itself. This would enable the members to give a complete solution. Generally, it appears we operate on an EMI Plan!!!
Nair
From India, Mumbai
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In one of my earlier responses, I had suggested that whenever anyone poses a problem, the query made should be complete. In the instant matter, basic details like DOJ, Salary, Designation, etc., could have been mentioned in the first mail itself. This would enable the members to give a complete solution. Generally, it appears we operate on an EMI Plan!!!
Nair
From India, Mumbai
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Dear Namrata,
After reading your query and despite all the suggestions, I just want to tell you that as per our Indian Constitution, the country will not be governed like other countries due to its older citizens.
I am not implying that everyone in the government is guilty, but around 99% can be found at fault, including office boys. The same scenario exists in our HR department, where some individuals take charges through consultancy if anyone joins or is offered a position from their respective company.
You mentioned that the Labor Officer favors your employer and you attempted to offer a bribe to sway the case in your favor, as all government employees are obliged to accept bribes.
We are the ones who encourage them by providing bribes whenever they expect it, such as when opening a new account or submitting annual returns, and so on. It is important to be realistic and understand the Maternity Act of 1961.
If you are from Hyderabad, take the time to meet with Mr. P V Murali Sagar, who is the R R Dist Joint Commissioner for the Labor Department. Explain your situation to him, as he might be able to assist you in this matter. If not, approach Mr. B Ajay Kumar, who is the City Commissioner for the Labor Department, and file a case against your current employer to claim your maternity benefits.
Do not focus solely on your employer; remember to take care of your health as well. Amidst all these issues, do not neglect your health concerns. Ensure to eat on time and consume extra proteins.
Thank you.
From India, Hyderabad
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After reading your query and despite all the suggestions, I just want to tell you that as per our Indian Constitution, the country will not be governed like other countries due to its older citizens.
I am not implying that everyone in the government is guilty, but around 99% can be found at fault, including office boys. The same scenario exists in our HR department, where some individuals take charges through consultancy if anyone joins or is offered a position from their respective company.
You mentioned that the Labor Officer favors your employer and you attempted to offer a bribe to sway the case in your favor, as all government employees are obliged to accept bribes.
We are the ones who encourage them by providing bribes whenever they expect it, such as when opening a new account or submitting annual returns, and so on. It is important to be realistic and understand the Maternity Act of 1961.
If you are from Hyderabad, take the time to meet with Mr. P V Murali Sagar, who is the R R Dist Joint Commissioner for the Labor Department. Explain your situation to him, as he might be able to assist you in this matter. If not, approach Mr. B Ajay Kumar, who is the City Commissioner for the Labor Department, and file a case against your current employer to claim your maternity benefits.
Do not focus solely on your employer; remember to take care of your health as well. Amidst all these issues, do not neglect your health concerns. Ensure to eat on time and consume extra proteins.
Thank you.
From India, Hyderabad
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Dear Namrata,
The legal aspects of the issue have been explained well by a lot of people, so there is no need to shed more light on that. However, please be on your guard as the company knows, as well as you do, that you cannot be fired for being pregnant. Instead, they might try underhand tactics such as giving you a bad performance rating and later using that as an alibi to terminate you. A small behavioral, conduct, or leave issue may be blown out of proportion to create grounds for forced unpaid leave. This might sound preposterous to many of my friends here, but it has actually happened in completely respectable companies. From what you have told us, your company is capable of doing that, so...
From India, Bhubaneswar
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The legal aspects of the issue have been explained well by a lot of people, so there is no need to shed more light on that. However, please be on your guard as the company knows, as well as you do, that you cannot be fired for being pregnant. Instead, they might try underhand tactics such as giving you a bad performance rating and later using that as an alibi to terminate you. A small behavioral, conduct, or leave issue may be blown out of proportion to create grounds for forced unpaid leave. This might sound preposterous to many of my friends here, but it has actually happened in completely respectable companies. From what you have told us, your company is capable of doing that, so...
From India, Bhubaneswar
Acknowledge(0)Amend(0)Hi Namreeta,
This info may assist you to know your eligibility and authorisation
Regards
NS
MATERNITY
BENEFIT ACT, 1961
Object of the Act
To protect the dignity of motherhood and the dignity of a new person's birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working.
Conditions for eligibility of benefits
Coverage of the Act
Upon all women employees either employed directly or through contractor except domestic women employees employed in mines, factories, plantations and also in other establishments if the State Government so decides. Therefore, if the State Government decides to apply this Act to women employees in shops and commercial establishments, they also will get the benefit of this Act. Bihar, Punjab Haryana, West Bengal, U.P., Orissa and Andhra have done so.
Cash Benefits
· Leave with average pay for six weeks before the delivery.
· Leave with average pay for six weeks after the delivery.
· A medical bonus of Rs.25 if the employer does not provide free medical care to the woman.
· An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage, or premature birth.
· In case of miscarriage, six weeks leave with average pay from the date of miscarriage.
Non Cash Benefits/Privilege
· Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it.
· Two nursing breaks in the course of her daily work until the child is 15 months old.
· No discharge or dismissal while she is on maternity leave.
· No change to her disadvantage in any of the conditions of her employment while on maternity leave.
· Pregnant women discharged or dismissed may still claim maternity benefit from the employer.
Exception: Women dismissed for gross misconduct lose their right under the Act for Maternity Benefit
Leave for Miscarriage
& Tubectomy Operation
· Entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.
Leave for illness arising out of pregnancy etc. etc.
Conditions for eligibility of benefits
· She should give written notice to the employer about seven weeks before the date of her delivery that she will be absent for six weeks before and after her delivery. She should also name the person to whom payment will be made in case she can not take it herself.
· She should take the payment for the first six weeks before she goes on leave.
· She will get payment for the six weeks after child-birth within 48 hours of giving proof that she has had a child.
· She will be entitled to two nursing breaks of fifteen minutes each in the course of her daily work till her child is fifteen months old.
· Her employer cannot discharge her or change her conditions of service while she is on maternity leave.
Sec. 5.
Prohibition of dismissal during absence of pregnancy
· Discharge or dismissal of a woman employed during or on account of such absence or to give notice or discharge or dismissal on such a day that the notice will expire during such absence or to very her disadvantage.
· Discharge or dismissal during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
· At the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus, etc.
· Not barred in case of dismissal for cross misconduct. Sec.
Failure to Display Extract of Act
Imprisonment may extend to one year or fine.
Forfeiture of maternity benefit
If permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, she shall forfeit her claim to the maternity benefit for such period.
For discharging or dismissing such a woman during or on account of her absence from work, the employer shall be punishable with imprisonment which shall not be less than 3 months, but it will extend to one year and will find, but not exceeding Rs.5, 000. Sec. 18
MATERNITY
BENEFIT ACT, 1961
Object of the Act
To protect the dignity of motherhood and the dignity of a new person's birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working.
Conditions for eligibility of benefits
Coverage of the Act
Upon all women employees either employed directly or through contractor except domestic women employees employed in mines, factories, plantations and also in other establishments if the State Government so decides. Therefore, if the State Government decides to apply this Act to women employees in shops and commercial establishments, they also will get the benefit of this Act. Bihar, Punjab Haryana, West Bengal, U.P., Orissa and Andhra have done so.
Cash Benefits
· Leave with average pay for six weeks before the delivery.
· Leave with average pay for six weeks after the delivery.
· A medical bonus of Rs.25 if the employer does not provide free medical care to the woman.
· An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage, or premature birth.
· In case of miscarriage, six weeks leave with average pay from the date of miscarriage.
Non Cash Benefits/Privilege
· Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it.
· Two nursing breaks in the course of her daily work until the child is 15 months old.
· No discharge or dismissal while she is on maternity leave.
· No change to her disadvantage in any of the conditions of her employment while on maternity leave.
· Pregnant women discharged or dismissed may still claim maternity benefit from the employer.
Exception: Women dismissed for gross misconduct lose their right under the Act for Maternity Benefit
Leave for Miscarriage
& Tubectomy Operation
· Entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.
Leave for illness arising out of pregnancy etc. etc.
Conditions for eligibility of benefits
· She should give written notice to the employer about seven weeks before the date of her delivery that she will be absent for six weeks before and after her delivery. She should also name the person to whom payment will be made in case she can not take it herself.
· She should take the payment for the first six weeks before she goes on leave.
· She will get payment for the six weeks after child-birth within 48 hours of giving proof that she has had a child.
· She will be entitled to two nursing breaks of fifteen minutes each in the course of her daily work till her child is fifteen months old.
· Her employer cannot discharge her or change her conditions of service while she is on maternity leave.
Sec. 5.
Prohibition of dismissal during absence of pregnancy
· Discharge or dismissal of a woman employed during or on account of such absence or to give notice or discharge or dismissal on such a day that the notice will expire during such absence or to very her disadvantage.
· Discharge or dismissal during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
· At the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus, etc.
· Not barred in case of dismissal for cross misconduct. Sec.
Failure to Display Extract of Act
Imprisonment may extend to one year or fine.
Forfeiture of maternity benefit
If permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, she shall forfeit her claim to the maternity benefit for such period.
For discharging or dismissing such a woman during or on account of her absence from work, the employer shall be punishable with imprisonment which shall not be less than 3 months, but it will extend to one year and will find, but not exceeding Rs.5, 000. Sec. 18
From India
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Hello Ms. Namrata,
Please note that you must have worked at least 160 days preceding the delivery date to avail all benefits under the Maternity Benefits Act, 1961. The rest is explained in detail in an earlier reply by Roopali Patil. Do not waive your rights. Just explain this to your superior authority.
Regards,
Vimal Shrimali
From India, Vadodara
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Please note that you must have worked at least 160 days preceding the delivery date to avail all benefits under the Maternity Benefits Act, 1961. The rest is explained in detail in an earlier reply by Roopali Patil. Do not waive your rights. Just explain this to your superior authority.
Regards,
Vimal Shrimali
From India, Vadodara
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Dear All,
In all such cases, the entitlement under the Maternity benefit is fixed. If one avails leave over and above the maximum 90 days plus one month for pregnancy-related illness, then it will be LOP. Management cannot force an employee. The redressal mechanism is embedded in the Act.
V. Sounder Rajan
VS Rajan Associates
Chennai-98401-42164
From India, Bangalore
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In all such cases, the entitlement under the Maternity benefit is fixed. If one avails leave over and above the maximum 90 days plus one month for pregnancy-related illness, then it will be LOP. Management cannot force an employee. The redressal mechanism is embedded in the Act.
V. Sounder Rajan
VS Rajan Associates
Chennai-98401-42164
From India, Bangalore
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Details of my joining:
Joined on: 12th Feb 2008
Asked to go on unpaid leave from: 1st April 2009
Was confirmed: July 2008
Salary package: Rs. 3,00,000/- per annum
Designation: Research Associate (placed in Mumbai)
I had informed the company that I am pregnant, but as mentioned, I have not given notice for leave as they did not give me even the time to react.
I was called up on 30th March evening at around 5 pm (my official timing is 8:45-5:45) and asked to go on leave without any notice from that day itself. When I returned to my desk to digest the fact, to my surprise, my outgoing mails were locked, my login ID was stopped, and once I logout, I can't login again. Things were really bad. A handful of others were also asked to go on leave as the company said it does not have funds to pay salaries due to the recession.
Hey, all, do let me know, can recession or moving out of cash save a company from not paying my maternity benefits?
Do let me know how do I go about it now.
Should I first send a written request for my maternity benefits and then wait for a reply?
If anyone could guide me on how to go about this matter, I have yet not given my resignation letter as my retention bonus due in Feb 2009 was also on hold. I'm trying to recover the same and have succeeded in getting part of it till date.
The company has also asked me recently if I plan to rejoin as six months leave is now over. Is it a kind of drama to protect themselves?
Regards,
Namrata
From India, Mumbai
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Joined on: 12th Feb 2008
Asked to go on unpaid leave from: 1st April 2009
Was confirmed: July 2008
Salary package: Rs. 3,00,000/- per annum
Designation: Research Associate (placed in Mumbai)
I had informed the company that I am pregnant, but as mentioned, I have not given notice for leave as they did not give me even the time to react.
I was called up on 30th March evening at around 5 pm (my official timing is 8:45-5:45) and asked to go on leave without any notice from that day itself. When I returned to my desk to digest the fact, to my surprise, my outgoing mails were locked, my login ID was stopped, and once I logout, I can't login again. Things were really bad. A handful of others were also asked to go on leave as the company said it does not have funds to pay salaries due to the recession.
Hey, all, do let me know, can recession or moving out of cash save a company from not paying my maternity benefits?
Do let me know how do I go about it now.
Should I first send a written request for my maternity benefits and then wait for a reply?
If anyone could guide me on how to go about this matter, I have yet not given my resignation letter as my retention bonus due in Feb 2009 was also on hold. I'm trying to recover the same and have succeeded in getting part of it till date.
The company has also asked me recently if I plan to rejoin as six months leave is now over. Is it a kind of drama to protect themselves?
Regards,
Namrata
From India, Mumbai
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As rightly mentioned in the posts above, an employee who has completed 80 days with an organization is entitled to maternity leave. However, I would like to share what happened with one of my friends who was pregnant. They only provided her with a 15-day paid leave, which she had as a casual leave quota. When she went on leave, they abruptly shut down their operations without informing her. As a result, she had to start a new job search all over again. Fortunately, she found a new job.
Regards
From India, Pune
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Regards
From India, Pune
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Maternity Leave Policy - posting.doc