Hi, sir,
I am working in a private firm. My salary is 25000 per month, and I am not covered by ESIC. I want 12 weeks of paid maternity leave, but I am not sure whether the company will provide me with paid leave. I am concerned that if I ask for maternity leave, they will terminate me. Can you kindly tell me how I can claim my paid maternity leave if the company terminates me on the spot? I am 7 months and 2 weeks pregnant. Also, please advise me on when I can take my maternity leave, what documents are required to apply for maternity leave, and what I can do if the company asks me to leave my job or resign in exchange for maternity benefits. I have been working here for 1 year and 11 months. I have my offer cum appointment letter, the last three salary slips, and bank statements showing my salary deposits. The offer letter does not mention any terms and conditions.
Kindly guide me in the right direction so that I can talk to my company, inform them about my pregnancy, and claim my paid maternity leave.
Garima
From India, Bengaluru
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1I am working in a private firm. My salary is 25000 per month, and I am not covered by ESIC. I want 12 weeks of paid maternity leave, but I am not sure whether the company will provide me with paid leave. I am concerned that if I ask for maternity leave, they will terminate me. Can you kindly tell me how I can claim my paid maternity leave if the company terminates me on the spot? I am 7 months and 2 weeks pregnant. Also, please advise me on when I can take my maternity leave, what documents are required to apply for maternity leave, and what I can do if the company asks me to leave my job or resign in exchange for maternity benefits. I have been working here for 1 year and 11 months. I have my offer cum appointment letter, the last three salary slips, and bank statements showing my salary deposits. The offer letter does not mention any terms and conditions.
Kindly guide me in the right direction so that I can talk to my company, inform them about my pregnancy, and claim my paid maternity leave.
Garima
From India, Bengaluru
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Hi Buddy,
First, inform your employer about your pregnancy so you can claim your maternity benefit under the Maternity Benefit Act of 1961. You can do this six weeks before your due date and six weeks after delivery. Remember, an employer cannot terminate an employee who is claiming maternity benefits, so don't be afraid. It is the employee's right to claim maternity benefits under this law, and it is the employer's responsibility to provide these benefits both before and after delivery.
For documentation purposes, you can show a medical certificate indicating the expected delivery date to claim the six weeks before delivery. Additionally, provide appropriate documentation to claim the next six weeks of leave with wages after delivery.
With Regards,
Mr. Thumbs Up
From India, Chennai
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First, inform your employer about your pregnancy so you can claim your maternity benefit under the Maternity Benefit Act of 1961. You can do this six weeks before your due date and six weeks after delivery. Remember, an employer cannot terminate an employee who is claiming maternity benefits, so don't be afraid. It is the employee's right to claim maternity benefits under this law, and it is the employer's responsibility to provide these benefits both before and after delivery.
For documentation purposes, you can show a medical certificate indicating the expected delivery date to claim the six weeks before delivery. Additionally, provide appropriate documentation to claim the next six weeks of leave with wages after delivery.
With Regards,
Mr. Thumbs Up
From India, Chennai
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Dear member,
From your remarks, it appears that you have apprehensions that upon learning of your desire to avail maternity benefits, your employer will terminate you. Your apprehension is quite reasonable, and I agree with Sh. Kumaran Praveen ji's statement that if you have the minimum service required under the Maternity Benefit Act, 1961, you are entitled to the benefits from your employer.
It would be even better if you could investigate whether maternity benefits have been provided by your employer to female employees in the past. You can also discuss this issue with your immediate superior and the HR department of your establishment.
The provisions of the Maternity Benefit Act, 1961 apply to every factory or establishment where ten or more persons are employed. However, only those female employees who have "actually worked in an establishment of the employer from whom she claims maternity benefit, for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery" are entitled to maternity benefits.
Even if there is no mention of such benefits in the terms and conditions of employment with any employer, the female employee will still be entitled to maternity benefits and any other benefits she may be entitled to under various labor laws.
From India, Noida
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From your remarks, it appears that you have apprehensions that upon learning of your desire to avail maternity benefits, your employer will terminate you. Your apprehension is quite reasonable, and I agree with Sh. Kumaran Praveen ji's statement that if you have the minimum service required under the Maternity Benefit Act, 1961, you are entitled to the benefits from your employer.
It would be even better if you could investigate whether maternity benefits have been provided by your employer to female employees in the past. You can also discuss this issue with your immediate superior and the HR department of your establishment.
The provisions of the Maternity Benefit Act, 1961 apply to every factory or establishment where ten or more persons are employed. However, only those female employees who have "actually worked in an establishment of the employer from whom she claims maternity benefit, for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery" are entitled to maternity benefits.
Even if there is no mention of such benefits in the terms and conditions of employment with any employer, the female employee will still be entitled to maternity benefits and any other benefits she may be entitled to under various labor laws.
From India, Noida
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Dear Garima,
Considering your apprehension, it is better if you apply in the specified form under the Act, Form - E, to the Employer, along with the certification from a doctor. Keep an acknowledgment or receipt of the form. Violation of this Act entails serious and heavy prosecution, so any employer would think several times before violating the provisions. However, knowing the extent of scruples that small Indian companies are involved in, it is better to take all possible care and precaution.
Warm regards.
From India, Delhi
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Considering your apprehension, it is better if you apply in the specified form under the Act, Form - E, to the Employer, along with the certification from a doctor. Keep an acknowledgment or receipt of the form. Violation of this Act entails serious and heavy prosecution, so any employer would think several times before violating the provisions. However, knowing the extent of scruples that small Indian companies are involved in, it is better to take all possible care and precaution.
Warm regards.
From India, Delhi
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Respected sir,
There has been an amendment in the Maternity Benefit Act of 1961, stating that a pregnant employee can now avail of 24 weeks of leave instead of 12 weeks. So, am I correct in understanding this change? With the extended leave period of 24 weeks, how many days of leave can an employee take before pregnancy?
Thanks and regards,
Rishabh Agarwal.
From India, Haridwar
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There has been an amendment in the Maternity Benefit Act of 1961, stating that a pregnant employee can now avail of 24 weeks of leave instead of 12 weeks. So, am I correct in understanding this change? With the extended leave period of 24 weeks, how many days of leave can an employee take before pregnancy?
Thanks and regards,
Rishabh Agarwal.
From India, Haridwar
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1. Sir, the proposal to amend the Maternity Benefit Act, 1961 for extension of leave to a 6-month period has not been passed by the legislature and is still at the discussion stage. An online link to an extract of a news item that appeared in the Times of India today (12/01/2016) is mentioned as follows:
DoPT plan to fast-track clearance of LTC claims <link updated to site home> ( Search On Cite | Search On Google )
2. In newspapers, various items are published indicating proposed amendments in various laws, but only those amendments that are passed by the legislature, receive approval from the President of India, and even thereafter the appropriate Government issues a notification fixing the date from which said amendment will take place. Nothing has happened so far in respect of the proposed amendment as mentioned by you above.
From India, Noida
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DoPT plan to fast-track clearance of LTC claims <link updated to site home> ( Search On Cite | Search On Google )
2. In newspapers, various items are published indicating proposed amendments in various laws, but only those amendments that are passed by the legislature, receive approval from the President of India, and even thereafter the appropriate Government issues a notification fixing the date from which said amendment will take place. Nothing has happened so far in respect of the proposed amendment as mentioned by you above.
From India, Noida
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"I have doubt if I will ask for maternity leave, they will terminate me."
You are legally protected against such terminations by MB Act. Inform your employer in writing about your medical condition. Forms to be used for informing the company and also important to get company acknowledgment that you submitted the intimation have been answered by learned members in reply. Just follow the law and do not worry.
From India, Pune
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You are legally protected against such terminations by MB Act. Inform your employer in writing about your medical condition. Forms to be used for informing the company and also important to get company acknowledgment that you submitted the intimation have been answered by learned members in reply. Just follow the law and do not worry.
From India, Pune
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Dear Ms. Garima,
I have gone through all comments hereinabove and state that what Mr. Harsh Kumar Mehta has reflected here is fully correct. Whilst on the subject, you will have to check your eligibility of having worked for not less than for the MB Act, 1961, for number of days you have completed in the present employment. If there is no mention in the appointment letter of these benefits,please do not get panicky, the law provides that the employer does not absolved of, from the compliance of Maternity Benefits Act, 1961. If you are eligible,in addition to the 12 weeks leavee, you are also eligible for a Maternity Bonus of Rs.2,500/- as per the Act.
As per the provisions of Act, “only those woman employees are entitled for maternity benefit who have "actually worked in an establishment of the employer from whom she claims maternity benefit, for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery".
Accordingly, your case also falls within the purview of the Act, provided you fulfil these parameters in all respects.
I wish you a Very Good Luck and hope your employer gets the legal wisdom to consider your case favourably.
Thanks to all who have contributed to this issue.
Praful M Lale
Labour Law Consultant
(M) 9820445140
From India, Mumbai
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I have gone through all comments hereinabove and state that what Mr. Harsh Kumar Mehta has reflected here is fully correct. Whilst on the subject, you will have to check your eligibility of having worked for not less than for the MB Act, 1961, for number of days you have completed in the present employment. If there is no mention in the appointment letter of these benefits,please do not get panicky, the law provides that the employer does not absolved of, from the compliance of Maternity Benefits Act, 1961. If you are eligible,in addition to the 12 weeks leavee, you are also eligible for a Maternity Bonus of Rs.2,500/- as per the Act.
As per the provisions of Act, “only those woman employees are entitled for maternity benefit who have "actually worked in an establishment of the employer from whom she claims maternity benefit, for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery".
Accordingly, your case also falls within the purview of the Act, provided you fulfil these parameters in all respects.
I wish you a Very Good Luck and hope your employer gets the legal wisdom to consider your case favourably.
Thanks to all who have contributed to this issue.
Praful M Lale
Labour Law Consultant
(M) 9820445140
From India, Mumbai
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Maternity bonus is increased to Rs3500 by a notification in December 2011.
From India, Pune
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From India, Pune
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Hi,
I work for a service-oriented company (private). I have worked for nearly 120 days, and due to medical issues during pregnancy, I am on loss of pay right now. The company HR has told me that I need to work for 160 days to avail maternity benefits. I told them that it is amended to 80 days. But they are denying it and saying that they consider 160 days. Please help me on this.
From India, Bengaluru
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I work for a service-oriented company (private). I have worked for nearly 120 days, and due to medical issues during pregnancy, I am on loss of pay right now. The company HR has told me that I need to work for 160 days to avail maternity benefits. I told them that it is amended to 80 days. But they are denying it and saying that they consider 160 days. Please help me on this.
From India, Bengaluru
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Ask your HR to update their knowledge.
AMENDMENT TO MATERNITY BENEFITS ACT
Extract:
No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
I hope this helps.
From India, Pune
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AMENDMENT TO MATERNITY BENEFITS ACT
Extract:
No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.
I hope this helps.
From India, Pune
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Dear member,
Sh. Nathrao Ji, a senior member, in his remarks as above, has reproduced the extract of Section 5(2) of the Maternity Benefit Act, 1961 for your information, which lays down the eligibility condition of minimum employment for claiming maternity benefits under the said Act. It is true that at some time, i.e., earlier to 10/01/1989, the condition of employment of 160 days was there in the above Act, but since 10/01/1989, this condition of minimum employment has been reduced to "eighty days." If your HR or principal employer of your unit is considering a law as old as 27 years, then we can presume and see the state of affairs of compliance of labor laws in the establishment in which you are working. You can purchase an updated bare Maternity Benefit Act, 1961, and show the provisions to your authorities.
However, in my opinion, before claiming the said maternity benefit, I hope you must have proper medical certification from an authorized medical officer and also ensured that "on the date of expected delivery" (as certified by the medical officer) you had completed the service "of not less than eighty days in the twelve months immediately preceding the date of...expected delivery."
From India, Noida
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Sh. Nathrao Ji, a senior member, in his remarks as above, has reproduced the extract of Section 5(2) of the Maternity Benefit Act, 1961 for your information, which lays down the eligibility condition of minimum employment for claiming maternity benefits under the said Act. It is true that at some time, i.e., earlier to 10/01/1989, the condition of employment of 160 days was there in the above Act, but since 10/01/1989, this condition of minimum employment has been reduced to "eighty days." If your HR or principal employer of your unit is considering a law as old as 27 years, then we can presume and see the state of affairs of compliance of labor laws in the establishment in which you are working. You can purchase an updated bare Maternity Benefit Act, 1961, and show the provisions to your authorities.
However, in my opinion, before claiming the said maternity benefit, I hope you must have proper medical certification from an authorized medical officer and also ensured that "on the date of expected delivery" (as certified by the medical officer) you had completed the service "of not less than eighty days in the twelve months immediately preceding the date of...expected delivery."
From India, Noida
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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