Hi Ruchi,
I have been working with this organization since 11th April and I conceived in the 1st week of May, which was unplanned as I would not have left my previous company where I was employed for the past 6 years. However, I informed my current company about my pregnancy at the end of July verbally. I applied for my maternity leave in December and went on leave from 11th January to 13th April. However, I was not informed that our company doesn't pay salary during maternity leave. When I checked with them at the time of my salary due date, they said they would check and get back to me. Now, they are stating that after checking with people in the same trade, they have found out that they only need to pay if I have worked with them for at least a year before going on maternity leave, which, as per me, is incorrect, and I'm eligible for the pay. Kindly advise by return.
Thanks,
Ruchi
From United States, Cambridge
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I have been working with this organization since 11th April and I conceived in the 1st week of May, which was unplanned as I would not have left my previous company where I was employed for the past 6 years. However, I informed my current company about my pregnancy at the end of July verbally. I applied for my maternity leave in December and went on leave from 11th January to 13th April. However, I was not informed that our company doesn't pay salary during maternity leave. When I checked with them at the time of my salary due date, they said they would check and get back to me. Now, they are stating that after checking with people in the same trade, they have found out that they only need to pay if I have worked with them for at least a year before going on maternity leave, which, as per me, is incorrect, and I'm eligible for the pay. Kindly advise by return.
Thanks,
Ruchi
From United States, Cambridge
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Hi Ruchi,
As per Section 5 of the Maternity Benefit Act 1961, you become eligible for maternity leave with wages if you have worked for 80 days with the current employer during the 12-month period before the expected date of delivery. I assume that you had completed the required number of days by December 2011. Therefore, they cannot deny the benefit.
B. Saikumar
HR & Labour Law Advisor
Mumbai.
From India, Mumbai
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57As per Section 5 of the Maternity Benefit Act 1961, you become eligible for maternity leave with wages if you have worked for 80 days with the current employer during the 12-month period before the expected date of delivery. I assume that you had completed the required number of days by December 2011. Therefore, they cannot deny the benefit.
B. Saikumar
HR & Labour Law Advisor
Mumbai.
From India, Mumbai
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Hi!
Thanks a lot for your reply! I wanted to check a couple more points with you before going back to my employers:
1. Is there any clause that specifies a minimum number of people working in the company for the maternity law to be applicable?
2. Also, it's a company with 4 partners. Does that affect the maternity act in any way?
Thanks for letting me know the same.
Best regards,
Ruchi
From United States, Cambridge
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Thanks a lot for your reply! I wanted to check a couple more points with you before going back to my employers:
1. Is there any clause that specifies a minimum number of people working in the company for the maternity law to be applicable?
2. Also, it's a company with 4 partners. Does that affect the maternity act in any way?
Thanks for letting me know the same.
Best regards,
Ruchi
From United States, Cambridge
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Query No. (1) - If your establishment is a factory, it should employ a minimum of 10 workers if it runs with power and a minimum of 20 workers without power. If it is a shop or establishment covered under the Shops Act, the minimum number of persons employed in such a shop or establishment shall be ten or more.
Query No. (2) - It does not affect.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Query No. (2) - It does not affect.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Hi!
It's a garment buying house that has 4 partners/directors, 5 employees on the roll, and 2 freelancers. However, the mother company has 25+ employees. They receive USD remittance for the business, and all taxes are deducted and deposited by them. Also, note that in the appointment letter I received from them, it states that I need to follow the service rules of the mother company.
Regards,
Ruchi
From United States, Cambridge
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It's a garment buying house that has 4 partners/directors, 5 employees on the roll, and 2 freelancers. However, the mother company has 25+ employees. They receive USD remittance for the business, and all taxes are deducted and deposited by them. Also, note that in the appointment letter I received from them, it states that I need to follow the service rules of the mother company.
Regards,
Ruchi
From United States, Cambridge
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From the brief details furnished by you, the fact that you have to abide by the service rules of the parent company, then the garment buying house and the parent company can be clubbed together for counting the total number of employees. Thus, coming under the purview of the Maternity Benefit Act.
B. Saikumar
From India, Mumbai
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B. Saikumar
From India, Mumbai
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HI! Also what if its sep entity with 5 employees but they deduct our taxes and pay us in check and recv US remittance, As I’m not aware how there company paperwork is done. B.r Ruchi
From United States, Cambridge
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From United States, Cambridge
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc