Hi, I joined my current employer in Dec '15 and completed my probation period. In the meantime, I conceived and am due in Dec '16. I informed my employer about this plan well in advance. I am planning to resign in Sep '16. However, my employer is not accepting my resignation, stating that I should work for at least 1 year to avail maternity benefits or to receive an experience letter.
Maternity Benefits and Resignation
I want to know if the employer can insist that I work for at least 1 year to receive maternity benefits. Maternity benefits are not even the priority here. Despite giving my resignation, they are refusing to accept it. This conversation has been ongoing for the past few weeks, and it is causing me mental distress as it could have adverse effects on the baby.
Legal Actions Against Employer
I also want to understand what legal actions I can take against the employer in this situation.
Regards
From United States, undefined
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Maternity Benefits and Resignation
I want to know if the employer can insist that I work for at least 1 year to receive maternity benefits. Maternity benefits are not even the priority here. Despite giving my resignation, they are refusing to accept it. This conversation has been ongoing for the past few weeks, and it is causing me mental distress as it could have adverse effects on the baby.
Legal Actions Against Employer
I also want to understand what legal actions I can take against the employer in this situation.
Regards
From United States, undefined
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Maternity Benefits Act, 1961
The Maternity Benefits Act, 1961 in India provides comprehensive information about maternity benefits and payments under the Act. It aims to regulate the employment of women employees across the country. The Act stipulates a maximum period of 12 weeks for which any working woman is entitled to maternity benefits. She can avail of this benefit as 6 weeks up to and including the day of her delivery and 6 weeks immediately following the day of her delivery. (Section 4)
Applicability of the Act
The Act applies to:
- Every factory, mine, or plantation (including those belonging to the Government),
- An establishment engaged in the exhibition of equestrian, acrobatic, and other performances, irrespective of the number of employees, and
- Every shop or establishment where 10 or more persons are employed or were employed on any day of the preceding 12 months.
Eligibility & Conditions for Claiming Benefits
The Act states that any woman employed, whether directly or through any agency, for wages in any establishment is eligible to claim maternity benefits if she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery. (Section 5)
A woman looking forward to maternity benefits could ask the employer to give her light work for a month. Such a request should be made at least 10 weeks before the date of her expected delivery. At that time, she needs to produce a certificate confirming her pregnancy. (Section 5)
She also needs to give a written notice to the employer about 7 weeks before the date of her delivery regarding her absence period pre and post-delivery. (Section 5)
Cash Benefits
- Leave with average pay for 6 weeks before and 6 weeks after the delivery.
- Medical bonus of at least Rs. 1000 extending to Rs. 20000 if the employer is unable to provide free medical care to the woman employee. (Section 8) (Amended on 15-04-2008)
- Additional leave with pay for up to 1 month on production of proof, revealing illness due to pregnancy, delivery, miscarriage, or premature birth. (Section 10)
- In case of miscarriage, 6 weeks leave with average pay from the date of miscarriage. (Section 9)
Non-Cash Benefits/Privileges
- Light work for 10 weeks before the date of expected pregnancy if she asks for it.
- Two nursing breaks in the course of her daily work until the child attains the age of 15 months. (Section 11)
- In case of tubectomy operation, leave with wages for 2 weeks. (Section 9A)
- No discharge or dismissal while being on maternity leave. (Section 12)
- No change to her disadvantage in any of the conditions of her employment while on maternity leave. (Section 12)
- A pregnant woman discharged or dismissed may still claim maternity benefit from the employer. (Section 12)
* A woman employee who is dismissed on grounds of gross misconduct loses her rights under the Act for Maternity Benefit.
Miscarriage and Tubectomy Operations
Leave with wages at the rate of maternity benefit, for a period of 6 weeks for miscarriage and 2 weeks for tubectomy operation. (Section 9 & 13)
Illness Arising Out of Pregnancy
A woman suffering from illness on account of miscarriage, medical termination of pregnancy, delivery, or premature birth is entitled to further leave for 1 month in addition to the leave with wages at the rate of maternity benefit. (Section 10)
Prohibition on Employment during Certain Periods
The Act prohibits an employer from knowingly employing a woman, or any women from working, 6 weeks immediately following the day of her delivery or miscarriage. (Section 4)
Discharge from Employment
The Act prohibits dismissal or discharge or variation in conditions of service to the disadvantage of any pregnant woman while she is absent due to reasons under the Act. (Section 12) She can claim maternity benefit or medical bonus, even if discharged or dismissed during pregnancy. This shall not be applicable in case of dismissal for gross misconduct. (Section 12)
Benefits in Case of Death of a Pregnant Employee
In such cases, the maternity benefit shall be paid only for the days up to and including the day of death. (Section 7) The employer should pay such benefit or amount to the person nominated by the woman, and in case there is no such nominee, then to her legal representative. (Section 7)
Offences and Penalties on Employers
The Act also imposes punishment/penalty if any employer fails to pay maternity benefit to an eligible woman or discharges or dismisses the woman during or on account of her absence from work.
From India, Chennai
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30The Maternity Benefits Act, 1961 in India provides comprehensive information about maternity benefits and payments under the Act. It aims to regulate the employment of women employees across the country. The Act stipulates a maximum period of 12 weeks for which any working woman is entitled to maternity benefits. She can avail of this benefit as 6 weeks up to and including the day of her delivery and 6 weeks immediately following the day of her delivery. (Section 4)
Applicability of the Act
The Act applies to:
- Every factory, mine, or plantation (including those belonging to the Government),
- An establishment engaged in the exhibition of equestrian, acrobatic, and other performances, irrespective of the number of employees, and
- Every shop or establishment where 10 or more persons are employed or were employed on any day of the preceding 12 months.
Eligibility & Conditions for Claiming Benefits
The Act states that any woman employed, whether directly or through any agency, for wages in any establishment is eligible to claim maternity benefits if she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery. (Section 5)
A woman looking forward to maternity benefits could ask the employer to give her light work for a month. Such a request should be made at least 10 weeks before the date of her expected delivery. At that time, she needs to produce a certificate confirming her pregnancy. (Section 5)
She also needs to give a written notice to the employer about 7 weeks before the date of her delivery regarding her absence period pre and post-delivery. (Section 5)
Cash Benefits
- Leave with average pay for 6 weeks before and 6 weeks after the delivery.
- Medical bonus of at least Rs. 1000 extending to Rs. 20000 if the employer is unable to provide free medical care to the woman employee. (Section 8) (Amended on 15-04-2008)
- Additional leave with pay for up to 1 month on production of proof, revealing illness due to pregnancy, delivery, miscarriage, or premature birth. (Section 10)
- In case of miscarriage, 6 weeks leave with average pay from the date of miscarriage. (Section 9)
Non-Cash Benefits/Privileges
- Light work for 10 weeks before the date of expected pregnancy if she asks for it.
- Two nursing breaks in the course of her daily work until the child attains the age of 15 months. (Section 11)
- In case of tubectomy operation, leave with wages for 2 weeks. (Section 9A)
- No discharge or dismissal while being on maternity leave. (Section 12)
- No change to her disadvantage in any of the conditions of her employment while on maternity leave. (Section 12)
- A pregnant woman discharged or dismissed may still claim maternity benefit from the employer. (Section 12)
* A woman employee who is dismissed on grounds of gross misconduct loses her rights under the Act for Maternity Benefit.
Miscarriage and Tubectomy Operations
Leave with wages at the rate of maternity benefit, for a period of 6 weeks for miscarriage and 2 weeks for tubectomy operation. (Section 9 & 13)
Illness Arising Out of Pregnancy
A woman suffering from illness on account of miscarriage, medical termination of pregnancy, delivery, or premature birth is entitled to further leave for 1 month in addition to the leave with wages at the rate of maternity benefit. (Section 10)
Prohibition on Employment during Certain Periods
The Act prohibits an employer from knowingly employing a woman, or any women from working, 6 weeks immediately following the day of her delivery or miscarriage. (Section 4)
Discharge from Employment
The Act prohibits dismissal or discharge or variation in conditions of service to the disadvantage of any pregnant woman while she is absent due to reasons under the Act. (Section 12) She can claim maternity benefit or medical bonus, even if discharged or dismissed during pregnancy. This shall not be applicable in case of dismissal for gross misconduct. (Section 12)
Benefits in Case of Death of a Pregnant Employee
In such cases, the maternity benefit shall be paid only for the days up to and including the day of death. (Section 7) The employer should pay such benefit or amount to the person nominated by the woman, and in case there is no such nominee, then to her legal representative. (Section 7)
Offences and Penalties on Employers
The Act also imposes punishment/penalty if any employer fails to pay maternity benefit to an eligible woman or discharges or dismisses the woman during or on account of her absence from work.
From India, Chennai
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Maternity Benefits Act 1961.pdf
Maternity Benefits Under The Maternity Benefits Act 1961.docx