I am working in a Pharmaceutical Company in the HR department for more than 4 years. I proceeded on maternity leave on April 13 until October 13. My employer is not providing me with maternity benefits and has now agreed to pay only 1.5 months of gross salary, which I have refused to accept.
Seeking Advice on Maternity Benefits
Can you please advise me on how I should proceed to seek justice?
From India, Pune
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Seeking Advice on Maternity Benefits
Can you please advise me on how I should proceed to seek justice?
From India, Pune
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As per MB Act, you should get 12 weeks maternity leave benefits. Just show them the Act and request. Sometimes, the HR persons are not accustomed on all applicable Acts. Pon
From India, Lucknow
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616From India, Lucknow
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Understanding Maternity Benefits
Maternity benefits are applicable under two acts: 1. ESIC and 2. Maternity Benefits Act. If there is a deduction of ESIC from your salary, then you are eligible to receive benefits under ESIC, and the company is not bound to pay you the salary for maternity leave. The same shall be obtained from ESIC.
If you are not covered under ESIC, then the separate Maternity Benefits Act shall be applicable to you. Under this act, you have to submit an application to your employer regarding the notification of pregnancy. Due to this, you will need maternity leave, and you are eligible to receive 6 weeks before pregnancy and 6 weeks after pregnancy.
If you fulfill all the requirements for the said benefits, the company cannot ignore or refuse to provide the benefits to the respective staff.
Therefore, ensure they understand their role and responsibility under the law. If they still refuse or ignore giving you the benefits, then the doors are open to the labor department.
Regards
From India, Mumbai
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Maternity benefits are applicable under two acts: 1. ESIC and 2. Maternity Benefits Act. If there is a deduction of ESIC from your salary, then you are eligible to receive benefits under ESIC, and the company is not bound to pay you the salary for maternity leave. The same shall be obtained from ESIC.
If you are not covered under ESIC, then the separate Maternity Benefits Act shall be applicable to you. Under this act, you have to submit an application to your employer regarding the notification of pregnancy. Due to this, you will need maternity leave, and you are eligible to receive 6 weeks before pregnancy and 6 weeks after pregnancy.
If you fulfill all the requirements for the said benefits, the company cannot ignore or refuse to provide the benefits to the respective staff.
Therefore, ensure they understand their role and responsibility under the law. If they still refuse or ignore giving you the benefits, then the doors are open to the labor department.
Regards
From India, Mumbai
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I don't think that there is any injustice in this matter. First of all, you are an HR person, and you should be a role model to all other employees. If you take leave on the grounds of maternity for 7 months (April to October), what will the others do? Obviously, the employer is bound to pay 84 days' pay, but from the post, we are unable to understand the length of leave before delivery. According to the Maternity Benefit Act, an employer is not bound to give benefits for more than 6 weeks before delivery. What was the reason for the extension of leave beyond 84 days in total (all-inclusive, prior to and post-delivery)?
Understanding the Maternity Benefit Act
The Maternity Benefit Act is essentially a social welfare legislation meant for women, and it is true that every employer is bound to give benefits to every woman employee, irrespective of the number of times the benefit is availed. It is also true that we have every right to get the benefits under the Act. However, nowadays, women going for maternity rarely return to work. They often extend the leave until the employer cannot grant any more extensions, at which point they resign. Personal life is important to all, and to safeguard it, they choose to leave the job. On the other hand, the employer has to wait for the employee to return. In a government setup or public sector organization, it is easy to employ a substitute/temporary employee in the leave vacancy. However, in the private sector, where it is already difficult to find permanent employees, it is unimaginable to find them for 3 or 4 months!
I reiterate that HR should be a model and understand both sides, including the employer's perspective in getting things done. This does not mean that denial of justice should be justified. Therefore, please clarify the reasons for such long leaves.
I also request the readers to understand the spirit of what I have written without reading between the lines, a common practice among many in this forum.
Regards,
Madhu.T.K
From India, Kannur
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Understanding the Maternity Benefit Act
The Maternity Benefit Act is essentially a social welfare legislation meant for women, and it is true that every employer is bound to give benefits to every woman employee, irrespective of the number of times the benefit is availed. It is also true that we have every right to get the benefits under the Act. However, nowadays, women going for maternity rarely return to work. They often extend the leave until the employer cannot grant any more extensions, at which point they resign. Personal life is important to all, and to safeguard it, they choose to leave the job. On the other hand, the employer has to wait for the employee to return. In a government setup or public sector organization, it is easy to employ a substitute/temporary employee in the leave vacancy. However, in the private sector, where it is already difficult to find permanent employees, it is unimaginable to find them for 3 or 4 months!
I reiterate that HR should be a model and understand both sides, including the employer's perspective in getting things done. This does not mean that denial of justice should be justified. Therefore, please clarify the reasons for such long leaves.
I also request the readers to understand the spirit of what I have written without reading between the lines, a common practice among many in this forum.
Regards,
Madhu.T.K
From India, Kannur
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Right to payment of maternity benefits.doc
Maternity Benefits Act 1961.pdf