Subject: Maternity Leave Query
Dear Sir,
I am applying for maternity leave for my second delivery. As my salary is above $20,000, I am not eligible for ESI. During my first delivery, I had eligibility for ESI, but currently, I am not covered under ESI. I would like to know if I am eligible to receive my salary from the company. I have been working in a private organization for 10 years.
Please advise on the above matter.
Thank you.
From India, Hyderabad
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2Dear Sir,
I am applying for maternity leave for my second delivery. As my salary is above $20,000, I am not eligible for ESI. During my first delivery, I had eligibility for ESI, but currently, I am not covered under ESI. I would like to know if I am eligible to receive my salary from the company. I have been working in a private organization for 10 years.
Please advise on the above matter.
Thank you.
From India, Hyderabad
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Well, as you said, you work in a private company, so it is better for you to check the company policies regarding maternity leave first. The same policies will be applicable to you. In some reputed private companies, they offer maternity leave and even pay salaries for those months. In some companies, only the basic salary is paid to the employees during the maternity leave period.
From India, Lucknow
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From India, Lucknow
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Lekshmi,
You are eligible for maternity benefits (leave with salary) for 84 days under the Maternity Benefit Act of 1961. Additionally, you are entitled to 30 days of benefits for sickness arising from delivery. If your employer does not provide free medical care, they must pay you Rs 3500 as a medical bonus. You should have worked under the employer for at least 80 days during the 12-month period before the delivery date.
Varghese Mathew HR/Labor Law Adviser Trivandrum 09961266966
From India, Thiruvananthapuram
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You are eligible for maternity benefits (leave with salary) for 84 days under the Maternity Benefit Act of 1961. Additionally, you are entitled to 30 days of benefits for sickness arising from delivery. If your employer does not provide free medical care, they must pay you Rs 3500 as a medical bonus. You should have worked under the employer for at least 80 days during the 12-month period before the delivery date.
Varghese Mathew HR/Labor Law Adviser Trivandrum 09961266966
From India, Thiruvananthapuram
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Dear lakshmi210383,
I fully agree with and endorse the views of Mr. Varghese Mathew. Secondly, no company can make its company policies which override the statutory benefits of labor Acts, including the Maternity Benefits Act 1961. Do not give in to those if they say it is not in company policy or according to a company policy. If any company has to function in Indian land, they have to follow the Indian laws and Acts. Yes, a company can give better or additional benefits.
Warm regards.
From India, Delhi
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I fully agree with and endorse the views of Mr. Varghese Mathew. Secondly, no company can make its company policies which override the statutory benefits of labor Acts, including the Maternity Benefits Act 1961. Do not give in to those if they say it is not in company policy or according to a company policy. If any company has to function in Indian land, they have to follow the Indian laws and Acts. Yes, a company can give better or additional benefits.
Warm regards.
From India, Delhi
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I fully agree with and endorse the views of Mr. Varghese Mathew.
From India, Delhi
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From India, Delhi
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Excellent comments by Mr Verghese and Mr Rajkumar.
Yes, MB Act fully protects woman employee’s rights to get Salary and Leave during pregnancy leave. I would like to add, even these benefits must be offered timely, and not as per Management’s will.
e.g. salaries are to be released monthly, though pregnant employee is on leave. Some employers wait till the employee resumes her duties back, and then release all four/five months pending salary together. They are worried that employee may not come back to work. (in most of the cases, this is true). However, this practice of non-payment of salary during leave period is wrong/illegal. A lady employee must get her pay on monthly basis during her maternity leave.
From India, Mumbai
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Yes, MB Act fully protects woman employee’s rights to get Salary and Leave during pregnancy leave. I would like to add, even these benefits must be offered timely, and not as per Management’s will.
e.g. salaries are to be released monthly, though pregnant employee is on leave. Some employers wait till the employee resumes her duties back, and then release all four/five months pending salary together. They are worried that employee may not come back to work. (in most of the cases, this is true). However, this practice of non-payment of salary during leave period is wrong/illegal. A lady employee must get her pay on monthly basis during her maternity leave.
From India, Mumbai
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Dear All,
Further to it, I'd like to add that once pregnancy is confirmed by a medical practitioner, she should submit an approximate date certificate to the employer. The employer then has to pay her 90 days' leave with pay in advance; this is called pre-pregnancy leave. After pregnancy, she will get 90 days' leave with pay, and the employer must pay the amount within 48 hours after the submission of the baby's birth proof.
Regards,
Sunil Akolkar
From India, Nasik
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Further to it, I'd like to add that once pregnancy is confirmed by a medical practitioner, she should submit an approximate date certificate to the employer. The employer then has to pay her 90 days' leave with pay in advance; this is called pre-pregnancy leave. After pregnancy, she will get 90 days' leave with pay, and the employer must pay the amount within 48 hours after the submission of the baby's birth proof.
Regards,
Sunil Akolkar
From India, Nasik
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
Maternity Benefit Act - Act Provisions reg.benefits.do cx