I have joined a private organisation on September 8th 2017. I have completed 6 months probation on March 8 2018, but I dint get confirmation letter. My delivery date is June 1 2018. I am planning to take maternity leave from 3rd week of may.i I formed the same to my HR but they are denying to take maternity since I have joined this organisation 6 months before only. Am I eligible to avail maternity leave??. If they ask me to resign from this job what should I do ? Kindly guide me here
From India, Chennai
From India, Chennai
I want to know that what shall be the consequences under Maternity Benefit Act, 1961 (amended) if the employee doesn't resume his organization once the maternity benefit is availed by the employee is over.
From India, Lucknow
From India, Lucknow
Humairaz- in order to get maternity leave and the bonus as applicable you need not get confirmed in service. The only qualifying condition is that you should have worked for 80 days during 12 months immediately preceding the expected date of delivery. Now the interpretation of section 5(2) of the Act is very important. This section says that a woman employee who has worked for 80 days in the 12 months immediately preceding the date of delivery or expected date of delivery is to be given maternity leave of 26 weeks. It is not just 80 days working immediately preceding the expected date of delivery. That means in order to be eligible for maternity benefits one should have 12 months' service and during this 12 months she should have worked at least for 80 days.
The above interpretation can be challenged. But i don't find a better interpretation for section 5(2). in the case of employees covered by ESI, the same thing is applicable. In that case it is ESI contribution of 78 days in two contribution periods. Each contribution period consists of 6 months and therefore, 12 months service is implied in such cases. As such you will not be eligible for maternity benefits.
Poorva Puri: There is no consequences either in the Principal Act or in Amended Act.If she does not return, hire another person in the place, you cannot do anything nor recover the amount paid.
Dineshkumar: Please read the entire post and then raise a question. This is just like asking who is Sita's husband after reading the entire Ramayana.
From India, Kannur
4193The above interpretation can be challenged. But i don't find a better interpretation for section 5(2). in the case of employees covered by ESI, the same thing is applicable. In that case it is ESI contribution of 78 days in two contribution periods. Each contribution period consists of 6 months and therefore, 12 months service is implied in such cases. As such you will not be eligible for maternity benefits.
Poorva Puri: There is no consequences either in the Principal Act or in Amended Act.If she does not return, hire another person in the place, you cannot do anything nor recover the amount paid.
Dineshkumar: Please read the entire post and then raise a question. This is just like asking who is Sita's husband after reading the entire Ramayana.
From India, Kannur
The Maternity Benefits Act, 2016 is applicable to women workers who are employed in establishments with 10 or more employees. Different countries have practiced various funding models with reference to maternity benefits. In some countries the employer bears the cost, while in certain others it is paid by the government. In India, the employer bears the cost for Maternity Benefits provided to women workers. Since, a majority of the women workforce in India are employed in the unorganized sectors and small businesses with less than 10 employees, a major chunk of women workers are left uncovered.
Under the new Act, as amended, the maximum period of maternity benefit has been increased from the current 12 weeks to 26 weeks, in case of women who have less than two surviving children. For women having two or more surviving children, the existing period of 12 weeks maternity benefit would continue. Further, maternity benefit of 12 weeks would be made available to a ‘commissioning mother’ – the biological mother who utilizes her egg to generate an embryo implanted in any other woman. Also, for ‘adopting mother’, maternity benefit of 12 weeks is provided if she adopts a child below the age of 3 months from the date the child is handed over.
I got this from the following. Hope its helpful
https://www.indiafilings.com/learn/m...fits-act-2016/
From India, Chennai
Under the new Act, as amended, the maximum period of maternity benefit has been increased from the current 12 weeks to 26 weeks, in case of women who have less than two surviving children. For women having two or more surviving children, the existing period of 12 weeks maternity benefit would continue. Further, maternity benefit of 12 weeks would be made available to a ‘commissioning mother’ – the biological mother who utilizes her egg to generate an embryo implanted in any other woman. Also, for ‘adopting mother’, maternity benefit of 12 weeks is provided if she adopts a child below the age of 3 months from the date the child is handed over.
I got this from the following. Hope its helpful
https://www.indiafilings.com/learn/m...fits-act-2016/
From India, Chennai
I would like to request the new member to clarify section 2 (1) of the Maternity Benefit Act which tells about the applicability of the Act. As per my knowledge the Act applies to every factory , mine or plantation even if the number of persons employed is less than 10. It is also applicable to such establishments which are engaged in the performance of horse riding or acrobatic performances irrespective of the number of persons employed. At the same time, for other establishments like trading organisation which are coming under the states' Shops and Commercial Establishments Act, the Maternity Benefit Act will become applicable only if they have 10 employees. Is there any change in this? Please guide us.
From India, Kannur
From India, Kannur
Dear Members, Thank you for the valuable information provided. With warm regards, P Karunakaran
From India, Chennai
From India, Chennai
Dear Madhu Sir, Please Peruse "Plea in Karnataka HC for ML for All" for your information
From India, New Delhi
From India, New Delhi
Yes, I know. What is sought is that the Act should be made applicable to shops and commercial establishments employing lesser number of employees. The Act is even otherwise applicable to factories and mines without reference to the number of employees.
My suggestion is that the Act should be made applicable to establishments employing a certain number of women employees. Now it is like an shop or office with 10 persons of which just one is female employee will be under the coverage of the Act. Automatically the provisions relating to creche etc will also be applied to such organisations when their manpower becomes 50. For a shop which employs say one or two persons it is not at all practical to pay 6 months salary to an employee who takes leave on the ground of pregnancy and delivery. And I don't think that the law enforcing authorities would check the ability of the shop owner or the employer to afford it. Once it becomes applicable to all establishments without reference to the number of employees, I am sure, the small employers will face a big loss. At the same time the law enforcing officers can make it gainful because they can visit each and every establishment and see whether they follow it.
From India, Kannur
My suggestion is that the Act should be made applicable to establishments employing a certain number of women employees. Now it is like an shop or office with 10 persons of which just one is female employee will be under the coverage of the Act. Automatically the provisions relating to creche etc will also be applied to such organisations when their manpower becomes 50. For a shop which employs say one or two persons it is not at all practical to pay 6 months salary to an employee who takes leave on the ground of pregnancy and delivery. And I don't think that the law enforcing authorities would check the ability of the shop owner or the employer to afford it. Once it becomes applicable to all establishments without reference to the number of employees, I am sure, the small employers will face a big loss. At the same time the law enforcing officers can make it gainful because they can visit each and every establishment and see whether they follow it.
From India, Kannur
Hi, I work for an MNC in Gurgaon. I have recently returned from my paid maternity leave. My question is this : If I were to resign now (I now feel i am unable to handle work and home), am I required by law to pay back my 6 month maternity leave pay? Can my firm impose this clause on me now?
I have not signed any bond/document. However, there is a generic policy document on the firm's website that states i will have to return my maternity pay if i resign within a year of joining. I wish to know if this can be upheld by law if challenged?
From India, Gurgaon
I have not signed any bond/document. However, there is a generic policy document on the firm's website that states i will have to return my maternity pay if i resign within a year of joining. I wish to know if this can be upheld by law if challenged?
From India, Gurgaon
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Right to payment of maternity benefits.doc