Dear sir,
I have been working at my current place of employment for the past 9 months. When I inquired about the maternity leave policy, the HR Head informed me that since I have not completed 1 year of service with the company, I am not eligible for paid maternity leave. He mentioned that I could take 3 months of leave without pay. The company policy states that "a permanent female employee should have worked for at least 80 days in the 12 months immediately preceding the expected date of delivery." Therefore, I am seeking clarification on my eligibility for maternity benefits as I have completed 9 months here. Additionally, upon reviewing my appointment letter, I noticed it stipulates that after a probation period of 6 months or any extension, I should be confirmed as a permanent employee in writing.
However, I have not received any communication regarding confirmation or extension of the probation period by the end of 6 months. Therefore, I am unsure of my employment status as a permanent employee. This matter was not addressed by the HR Head, so I am also seeking clarification on whether maternity leave applies to employees on an extended probation period and whether I am eligible for maternity benefits after 9 months of employment.
Thank you.
Regards,
Priya
From India, Bangalore
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1I have been working at my current place of employment for the past 9 months. When I inquired about the maternity leave policy, the HR Head informed me that since I have not completed 1 year of service with the company, I am not eligible for paid maternity leave. He mentioned that I could take 3 months of leave without pay. The company policy states that "a permanent female employee should have worked for at least 80 days in the 12 months immediately preceding the expected date of delivery." Therefore, I am seeking clarification on my eligibility for maternity benefits as I have completed 9 months here. Additionally, upon reviewing my appointment letter, I noticed it stipulates that after a probation period of 6 months or any extension, I should be confirmed as a permanent employee in writing.
However, I have not received any communication regarding confirmation or extension of the probation period by the end of 6 months. Therefore, I am unsure of my employment status as a permanent employee. This matter was not addressed by the HR Head, so I am also seeking clarification on whether maternity leave applies to employees on an extended probation period and whether I am eligible for maternity benefits after 9 months of employment.
Thank you.
Regards,
Priya
From India, Bangalore
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Hi Priya,
With reference to your above query and the necessary details provided in support, you seem to be most rightfully entitled to the Maternity Benefits. You are hence advised to inform your employer about the relevant laws and sections (including possible penalties applicable in case of violation) if they are unaware or pretending to be. Strongly assert your demand for such statutory benefits. If your employer persists in denying payment, you can lawfully obtain it by following the established procedures.
Hope this information serves your purpose.
Regards,
From India, Secunderabad
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With reference to your above query and the necessary details provided in support, you seem to be most rightfully entitled to the Maternity Benefits. You are hence advised to inform your employer about the relevant laws and sections (including possible penalties applicable in case of violation) if they are unaware or pretending to be. Strongly assert your demand for such statutory benefits. If your employer persists in denying payment, you can lawfully obtain it by following the established procedures.
Hope this information serves your purpose.
Regards,
From India, Secunderabad
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Thank you, sir. I also wanted to confirm if I can be denied maternity leave on the grounds that I have not been given a confirmation letter as a permanent employee after my probation period of 6 months. However, they have also not informed me regarding the extension of my probation period even though I finished it 3 months ago. So, I don't know if I am a permanent employee or on extended probation. Their HR policy specifically mentions that a "permanent" female employee should have worked for at least 80 days in the 12 months immediately preceding the expected date of delivery. Will this be a problem?
Regards,
Priya
From India, Bangalore
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Regards,
Priya
From India, Bangalore
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Hi I doubt that you may not be entitled to maternity benefit since you have not completed 1 year of service.
From India, Chennai
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From India, Chennai
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Dear member,
The status of employment, i.e., whether regular, permanent, casual, adhoc, or on probation, has no relevance to entitlement for maternity benefits under the Maternity Benefit Act, 1961. The condition for entitlement to such benefits is "actually worked in an establishment of an employer from whom she claims maternity benefits, for a period of not less than eighty days in the twelve months immediately preceding" (Section 5(2)). Please also confirm whether the establishment in which you are working is covered under the ESI Act, 1948 or not.
I would also suggest you to review the following thread, which discusses the same subject: https://www.citehr.com/531118-regard...y-benefit.html
From India, Noida
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The status of employment, i.e., whether regular, permanent, casual, adhoc, or on probation, has no relevance to entitlement for maternity benefits under the Maternity Benefit Act, 1961. The condition for entitlement to such benefits is "actually worked in an establishment of an employer from whom she claims maternity benefits, for a period of not less than eighty days in the twelve months immediately preceding" (Section 5(2)). Please also confirm whether the establishment in which you are working is covered under the ESI Act, 1948 or not.
I would also suggest you to review the following thread, which discusses the same subject: https://www.citehr.com/531118-regard...y-benefit.html
From India, Noida
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You are entitled to maternity benefits.
The stance that you are on probation, etc., does not work out.
You have spent nine months in the organization, and entitlement to maternity benefits flows from the law regarding maternity benefits.
Please give notification as laid down in the Act:
Section 6. Notice of claim for maternity benefit and payment thereof -
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
HR policies of companies have to be in consonance with laws.
From India, Pune
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The stance that you are on probation, etc., does not work out.
You have spent nine months in the organization, and entitlement to maternity benefits flows from the law regarding maternity benefits.
Please give notification as laid down in the Act:
Section 6. Notice of claim for maternity benefit and payment thereof -
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
HR policies of companies have to be in consonance with laws.
From India, Pune
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Thank you, sir, for the reply. I wanted to confirm regarding payment of the maternity benefit. The HR has now agreed after I told him that I have taken legal opinion that I am eligible for maternity benefit, but he is insisting that he can pay me the complete amount only after I join back on duty.
But from what I read regarding the Maternity Benefit Act, I thought he needs to pay me the amount for the initial 6 weeks when I go on leave and the remaining within 48 hrs of me informing him about my delivery with due proof. When I told him this, he said he will give me the first half of the payment after I deliver and the second half after I join back.
I wanted to know which one of the two is correct. Can he deny to pay me the due amount till I join back, or is he legally obliged to pay me the first half before delivery and the second half within 48 hours of informing him.
From India, Bangalore
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But from what I read regarding the Maternity Benefit Act, I thought he needs to pay me the amount for the initial 6 weeks when I go on leave and the remaining within 48 hrs of me informing him about my delivery with due proof. When I told him this, he said he will give me the first half of the payment after I deliver and the second half after I join back.
I wanted to know which one of the two is correct. Can he deny to pay me the due amount till I join back, or is he legally obliged to pay me the first half before delivery and the second half within 48 hours of informing him.
From India, Bangalore
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Provisions of payment are clear in the Act.Please show the section to your HR and they will follow the rules. Section 6 is relevant in this case.
From India, Pune
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From India, Pune
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Dear sir,
Though the company's HR had agreed to pay me the maternity benefit, they have not done so despite constant reminders, and it's almost 4 months after my delivery. The first half of the maternity benefit (along with a part of my salary) which, though not credited to me, is being reflected in my salary slip. The finance head keeps citing a shortage of funds as the reason, while the HR head and the CEO have not clearly responded to the reminders. Last month, the HR head sent a registered post stating that my leave is over, and if I don't report to duty immediately, "it will be considered as a willful expression of not wanting to resume duty, and the necessary action will be taken." When I responded back saying that they need to pay my dues, otherwise I will take legal action, the CEO called and said they will get back to me after consulting their lawyers. It's been a month, and there's still no response.
The PF of this financial year, though cut from the salary, has not been credited to the PF account. The TDS payment of the last financial year was also delayed, and they gave me Form 16 only in November, so I don't know what will happen to the amount cut as TDS from April onwards.
I need to know how to go about sending them a legal notice and the procedure:
1) Do I need to contact a lawyer or go via the labor office?
2) My place of work is in Bangalore, and their headquarters are in Mumbai. Can I send a notice/contact the labor office from my hometown, or does it need to be sent from Bangalore or Mumbai?
3) How long does the entire legal process take, and how expensive is it?
4) Do I need to submit a resignation now because I don't want to go back to that place, or is it considered a termination since they have already sent a letter?
5) Will I be losing one month's pay from the maternity benefit as I won't be serving the notice period?
Kindly let me know.
Regards,
Priya
From India, Bangalore
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Though the company's HR had agreed to pay me the maternity benefit, they have not done so despite constant reminders, and it's almost 4 months after my delivery. The first half of the maternity benefit (along with a part of my salary) which, though not credited to me, is being reflected in my salary slip. The finance head keeps citing a shortage of funds as the reason, while the HR head and the CEO have not clearly responded to the reminders. Last month, the HR head sent a registered post stating that my leave is over, and if I don't report to duty immediately, "it will be considered as a willful expression of not wanting to resume duty, and the necessary action will be taken." When I responded back saying that they need to pay my dues, otherwise I will take legal action, the CEO called and said they will get back to me after consulting their lawyers. It's been a month, and there's still no response.
The PF of this financial year, though cut from the salary, has not been credited to the PF account. The TDS payment of the last financial year was also delayed, and they gave me Form 16 only in November, so I don't know what will happen to the amount cut as TDS from April onwards.
I need to know how to go about sending them a legal notice and the procedure:
1) Do I need to contact a lawyer or go via the labor office?
2) My place of work is in Bangalore, and their headquarters are in Mumbai. Can I send a notice/contact the labor office from my hometown, or does it need to be sent from Bangalore or Mumbai?
3) How long does the entire legal process take, and how expensive is it?
4) Do I need to submit a resignation now because I don't want to go back to that place, or is it considered a termination since they have already sent a letter?
5) Will I be losing one month's pay from the maternity benefit as I won't be serving the notice period?
Kindly let me know.
Regards,
Priya
From India, Bangalore
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Dear member, in my opinion, the authorities having jurisdiction at the place where you worked may have jurisdiction to entertain and inquire into the complaints under the Maternity Benefit Act, 1961. Therefore, you can contact the local labor office to ascertain the appropriate officer to whom such complaints or representations should be made.
I think the procedure to file such representation or complaint may be available under the Maternity Benefit Rules as framed by the Karnataka Government. Therefore, you can obtain a copy of the said rules from any law-book shop in Bangalore, if available, as framed under the Maternity Benefit Act, 1961, and take action accordingly. The form on which such representation is to be made may be available in the said Rules.
From India, Noida
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I think the procedure to file such representation or complaint may be available under the Maternity Benefit Rules as framed by the Karnataka Government. Therefore, you can obtain a copy of the said rules from any law-book shop in Bangalore, if available, as framed under the Maternity Benefit Act, 1961, and take action accordingly. The form on which such representation is to be made may be available in the said Rules.
From India, Noida
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