Maternity Leave [Thread 513724]

Dear All, I am working with an organisation as HR Executive where ESIC is not applicable. The female employees is less than 10 as per Maternity Act 1963. Our one female employee is asking maternity leave . She has worked more than 80 days in the year.What I do? Please give suggestions....

1. Sir, firstly decide the applicability of the Maternity Benefit Act, 1961 to your organisation ( Section 2 of said Act). As is evident for coverage under said Act, there must be employment of "persons" and not only "female employees" as you have mentioned in your thread as above. If the number of persons employed are more than coverage limit, maternity benefit is payable even if there may be only one woman employee (claimant).
2. After ascertaining coverage of your unit under above Act, please examine and decide the eligibility of the female employee regarding eligibility for the maternity benefit under said Act (Section 5 of said Act).

Sir,
1. The detailed procedure for payment of Maternity Benefit to the eligible female employee is generally mentioned in the Rules as framed by the appropriate Government. Therefore, in my opinion, you may also go through and study such rules framed by the appropriate government.. The term "appropriate government" has been defined under section 2(a) of Maternity Benefit Act, 1961. Please also see section 2 of said Act.
2. After going through the provisions of said Act, and rules framed thereunder, in my opinion, you may decide the eligibility of the said female employee under above Act and as an HR submit your recommendations/views to your higher authority/employer and decide the issue accordingly as per orders of the competent authority in your establishment.

Dear Harsh Sir,
1.Please make me understand with the criteria of attendance for eligibility in the year. Is it 80 days or 180 days.? I have read different book in this regard. some books say it is 80 or some 180 days. please clear.
2.what is medical bonus amount now..?

Sir,

1. I think you are working in any organisation in the area of Maharashtra. If so, the rules as framed by the said State Govt. under said Act will also be applicable for making compliance under said Act as mentioned by me earlier.

2. In my opinion, there is no utility of reading old and lengthy books on above subject because generally there are some amendments in the labour laws and the same are naturally not reflected in the old books. I will suggest you to please purchase a up-dated bare Act of the Maternity Benefit Act, 1961 alongwith Rules framed by the Maharashtra Govt.(if applicable in your case) and decide the issue accordingly.

3. As I understand, for entitlement, it is mentioned in the said Act "no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the emjployer from whom she claims maternity benefit, for a period of not less than eighty days in the tweleve months immediately preceding the date of her expected delivery (Section 5(2) :" There are some exceptions and explanations in said section which you may go through before deciding the issue. Earlier the eligibility conditions were "one hundred and sixty days", which have been amended in the year 1989.

4. The provision of medical allowance is mentioned in section 8 of said Act and the same as per my information is presently Rs.3500/- to be paid in certain conditions as mentioned in the said Act. I hope, you will take action as per provisions of the above Act and rules framed thereunder as applicable in your case.