Madam
For calculation of 80 working days the following explanation given under section 5 of the MB Act may be helpful:
For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.""
Accordingly count your working days and paid holidays.....
All the best
From India, Delhi
12For calculation of 80 working days the following explanation given under section 5 of the MB Act may be helpful:
For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.""
Accordingly count your working days and paid holidays.....
All the best
From India, Delhi
@ Sonali B...
I think you have not understood the explaination given in the act.
Let me explain you.
Section 5-B of maternity benefit act 1961 expains payment of maternity benefit in certain cases Every woman-
(a) who is employed in a factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause (b) of clause (9) of Section 2 of that Act***; and
(c) who fulfills the conditions specified in sub-section (2) of Section 5, shall be entitled to the payment of maternity benefit under this Act.]
*** Sub clause b is talking about Employees State Insurance Act, 1948 which says employees getting wages upto 15000/- (earlier it was 6500/-[1997-2004] ...7500/-...10,000/- which you have mentioned) are only eligible to get benefits under ESIC Act. Anyone getting wages above 15000 are not covered under ESIC Act 1948.
Hence any female employee working in a factory covered under ESIC whose wages is above 15000/- (not entitled for ESIC benefits due to wages ceiling) are covered under maternity benefits act 1961 by default. There is no if and buts in this explaination...only criteria is work period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
It seems you are from Maharashtra so to understand the topic properly, plz go through the rules as explained in Maharashtra Maternity Benefit Rules, 1965.
Factory Act 1948 and Maternity benefits Act 1961 are two different acts and in case of a clash of provisions, though there is none, the maternity benefit act would prevail being a social benefit legislation.
I repeat there is no salary ceiling for getting benefits under maternity benefits act in any type of industry.
Hope your doubts are clear now.
A wise tip for you : Upgrade your knowledge. Dont react and dont make a prestige issue if someone tries to correct you.
From India, Pune
I think you have not understood the explaination given in the act.
Let me explain you.
Section 5-B of maternity benefit act 1961 expains payment of maternity benefit in certain cases Every woman-
(a) who is employed in a factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause (b) of clause (9) of Section 2 of that Act***; and
(c) who fulfills the conditions specified in sub-section (2) of Section 5, shall be entitled to the payment of maternity benefit under this Act.]
*** Sub clause b is talking about Employees State Insurance Act, 1948 which says employees getting wages upto 15000/- (earlier it was 6500/-[1997-2004] ...7500/-...10,000/- which you have mentioned) are only eligible to get benefits under ESIC Act. Anyone getting wages above 15000 are not covered under ESIC Act 1948.
Hence any female employee working in a factory covered under ESIC whose wages is above 15000/- (not entitled for ESIC benefits due to wages ceiling) are covered under maternity benefits act 1961 by default. There is no if and buts in this explaination...only criteria is work period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
It seems you are from Maharashtra so to understand the topic properly, plz go through the rules as explained in Maharashtra Maternity Benefit Rules, 1965.
Factory Act 1948 and Maternity benefits Act 1961 are two different acts and in case of a clash of provisions, though there is none, the maternity benefit act would prevail being a social benefit legislation.
I repeat there is no salary ceiling for getting benefits under maternity benefits act in any type of industry.
Hope your doubts are clear now.
A wise tip for you : Upgrade your knowledge. Dont react and dont make a prestige issue if someone tries to correct you.
From India, Pune
1-There is no wage limit for the benefit under the MB Act.The woman need not be married also.Though ESI Act is applicable to the establishment,employee is eligible for benefit under MB Act if her salary is above Rs15000pm and not eliglble under ESI scheme.Her designation or nature of work is immaterial.Even a new employee covered under ESI will be eligible for benefit under MB Act(subject to condition) till she become eligible under ESI act without her default.
VARGHESE MATHEW
09961266966
From India, Thiruvananthapuram
VARGHESE MATHEW
09961266966
From India, Thiruvananthapuram
80 days is not counted based on financial year or date of joining but it is 80 days during the period of 12 months immediately preceding the date of delivery/ expected date of delivery. The expected date of delivery is important because only 6 weeks of leave can be granted before the date of delivery and as the date of delivery can change, we take the expected date of delivery. Therefore, 12 months is taken backwards from the expected date of delivery.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Any women employee working for the company last 80 days,she will be entitle to maternity Leave. before delivery 6 weeks after delivery 6 weeks. she want another week inform to HR first. She get only leave did not get any wages from the company.she get money from ESI.All prohibition employees are eligible but who are apprentice and training not eligible. GO to shops and establishment act section 24,25.;
From India, Mumbai
From India, Mumbai
Dear Hema and all members,
Suppose a company in its joining letter states that employee has to undergo 18 months of training and 6 month probation, and a female employee's delivery date falls in her training period (last month of training) than is she eligible for maternity leave.
Eg. She joins on 1 Jan. 2009 (will be on training period from 1 Jan 2009 to 31 july 2010, and probation from 1Aug to 1 Jan'11). She got married in Feb. 09 and Her delivery date is 28 July 2010, than will she be eligible for Maternity Leave.
Regards,
Hansa
From India, Udaipur
Suppose a company in its joining letter states that employee has to undergo 18 months of training and 6 month probation, and a female employee's delivery date falls in her training period (last month of training) than is she eligible for maternity leave.
Eg. She joins on 1 Jan. 2009 (will be on training period from 1 Jan 2009 to 31 july 2010, and probation from 1Aug to 1 Jan'11). She got married in Feb. 09 and Her delivery date is 28 July 2010, than will she be eligible for Maternity Leave.
Regards,
Hansa
From India, Udaipur
Contractual Employees are also entitiled for Maternity Benefits if there is no such conditions on maternity benefits in the contract
Just want to share with you all that as per the latest judgement of Hon. Karnataka High court 'Contractual Employees are also entitiled for materinity benefit under maternity benefit act.'
In its landmark judgement the Hon court ruled "that the provisions of Statutory Act and State Policy as per the Constitution of India would prevail over the terms and conditions on contractual employment."
The court ruled that "where the terms and conditions on maternity benefits are absent in the contract, the provisions of maternity benefit act being a statutory provisons will automatically apply".
regards,
Kamal
From India, Pune
Just want to share with you all that as per the latest judgement of Hon. Karnataka High court 'Contractual Employees are also entitiled for materinity benefit under maternity benefit act.'
In its landmark judgement the Hon court ruled "that the provisions of Statutory Act and State Policy as per the Constitution of India would prevail over the terms and conditions on contractual employment."
The court ruled that "where the terms and conditions on maternity benefits are absent in the contract, the provisions of maternity benefit act being a statutory provisons will automatically apply".
regards,
Kamal
From India, Pune
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf