Maternity Eligibilikty - Based On Duration In Company

Hello,

I started working for an NGO in India 6 months ago. I have been told I am not eligible for any maternity insurance benefits and will not be paid anything during my maternity leave as I have not completed one year with the company yet.

Is this legal? I read in the Maternity Act that I am "eligible" for the benefits since I have completed more than 80 days with the company (my due date is 2 months from now and I plan to continue working till the end), but the act nowhere says my firm has to "mandatory" give me the benefits. Does this mean if internal HR policy states 1 year, I cannot do anything about it? This is so inhuman.

Please let me know!

The law of the land supersedes any internal policy. You are entitled to maternity benefits. You can download the Maternity Benefit Act from the internet and hand over a copy to them. Many times, a few people in positions of authority are ignorant of the consequences of non-compliance with the law of the land. They can read the act themselves and get to know the law.

The Maternity Benefit Act will be applicable to your NGO if there are 10 or more employees, provided that it is not covered under the ESI Act. You are entitled to maternity benefits if you have worked for 80 days or more.

The HR policies are immaterial and have no value in front of the Act. You can send a notice to your employer claiming maternity benefits under Section 6 of the Act.

Happy motherhood!!!

If your organization is not covered under the ESI Act, then the Maternity Benefit Act will be applicable to your NGO if there are 10 or more employees. You are entitled to maternity benefits if you have completed 6 months in an organization. As per the act, 6 weeks of paid leave prior to your delivery and 6 weeks post-delivery are provided, or 12 weeks post-delivery if prior leave is not taken. The HR policies are immaterial and have no value in front of the Act. You can send notice to your employer claiming maternity benefits under Section 6 of the Act.