Sir,
One of my relatives is working with a popular school in her area as a teacher. The school has given her the appointment letter. I just want to know if she is eligible for maternity leave. It has been more than one year since she started working at that school. The school administration is saying that she will be treated as LWP/ABS during the maternity period. Does a big private school come under the Maternity Act? Is she eligible for maternity leave?
Regards,
Sunny
From India, Delhi
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1One of my relatives is working with a popular school in her area as a teacher. The school has given her the appointment letter. I just want to know if she is eligible for maternity leave. It has been more than one year since she started working at that school. The school administration is saying that she will be treated as LWP/ABS during the maternity period. Does a big private school come under the Maternity Act? Is she eligible for maternity leave?
Regards,
Sunny
From India, Delhi
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Dear friend,
Irrespective of size, all aspects fall under the purview of the Maternity Act. However, please clarify this with the school authorities. Additionally, determine the system they are currently following, including the Educational Institutions Laws and Regulations (Central or State Board rules and regulations).
Remember, good things happen when you persistently knock on the door. Best of luck.
From India, Arcot
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Irrespective of size, all aspects fall under the purview of the Maternity Act. However, please clarify this with the school authorities. Additionally, determine the system they are currently following, including the Educational Institutions Laws and Regulations (Central or State Board rules and regulations).
Remember, good things happen when you persistently knock on the door. Best of luck.
From India, Arcot
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Dear Friend,
To give an answer to this query, I just wish to know her designation and the base of appointment mentioned in the appointment letter she has received from her institution. Kindly do the needful.
Rgds
From India, Mumbai
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To give an answer to this query, I just wish to know her designation and the base of appointment mentioned in the appointment letter she has received from her institution. Kindly do the needful.
Rgds
From India, Mumbai
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Please let me know the following:
1. In school, most of the teachers are given appointments on a 'Contractual' basis, i.e., for academic sessions. You mentioned that your relative has completed only one year. Was their appointment on a permanent basis or on a contractual basis?
2. If she has been issued an appointment letter, does it also include a 'Probation Clause'? What is the duration of the probation period?
3. Lastly, did she receive a confirmation letter after successfully completing the probation period?
If the answer to the last question is yes, then she is entitled to 84 days of maternity leave as per the Maternity Benefit Act, 1961.
From India, Mumbai
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1. In school, most of the teachers are given appointments on a 'Contractual' basis, i.e., for academic sessions. You mentioned that your relative has completed only one year. Was their appointment on a permanent basis or on a contractual basis?
2. If she has been issued an appointment letter, does it also include a 'Probation Clause'? What is the duration of the probation period?
3. Lastly, did she receive a confirmation letter after successfully completing the probation period?
If the answer to the last question is yes, then she is entitled to 84 days of maternity leave as per the Maternity Benefit Act, 1961.
From India, Mumbai
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If the school is one to which the Shops and Commercial Establishment Act of Delhi is applicable and the teacher is not covered under ESI, then she will be eligible for maternity benefits under the Maternity Benefit Act, 1961.
VARGHESE MATHEW
From India, Thiruvananthapuram
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VARGHESE MATHEW
From India, Thiruvananthapuram
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Dear Abhay and Bijendra,
Irrespective of the designation or type of appointment, every woman is entitled to get the Maternity Benefit. As per section 3 (o) of the act:
(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.
Let's now see the applicability of the act:
Application of Act.- (1) It applies, in the first instance, to every establishment being a factory, mine, or plantation including any such establishment belonging to the Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months: Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural, or otherwise.
(2) Save as otherwise provided in sections 5A and 5B, nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply for the time being.
In the light of the above definitions, any woman working in any designation, in any mode of employment like direct or through any agency, is entitled to receive benefits under this act.
Approach the local Labor Commissioner in case the school denies to extend the support and provide her the benefit under the Act.
From India, New Delhi
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Irrespective of the designation or type of appointment, every woman is entitled to get the Maternity Benefit. As per section 3 (o) of the act:
(o) "woman" means a woman employed, whether directly or through any agency, for wages in any establishment.
Let's now see the applicability of the act:
Application of Act.- (1) It applies, in the first instance, to every establishment being a factory, mine, or plantation including any such establishment belonging to the Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances;
(b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months: Provided that the State Government may, with the approval of the Central Government, after giving not less than two months' notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural, or otherwise.
(2) Save as otherwise provided in sections 5A and 5B, nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply for the time being.
In the light of the above definitions, any woman working in any designation, in any mode of employment like direct or through any agency, is entitled to receive benefits under this act.
Approach the local Labor Commissioner in case the school denies to extend the support and provide her the benefit under the Act.
From India, New Delhi
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Sir,
I thank all of you for answering my question.
I would like to say that school authorities (School is in Delhi) are saying that they do not provide any maternity benefits to any employee. The employee in question holds the designation of Assistant Teacher and is not a contractual employee. Her appointment letter includes a 'Probation Clause' of one year, which was completed in January 2015. However, the school administration has not issued her a confirmation letter. They mentioned that they will provide it once she resumes her duties at the school in July 2015 (after her leave).
Please advise.
Regards,
Sunny
From India, Delhi
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I thank all of you for answering my question.
I would like to say that school authorities (School is in Delhi) are saying that they do not provide any maternity benefits to any employee. The employee in question holds the designation of Assistant Teacher and is not a contractual employee. Her appointment letter includes a 'Probation Clause' of one year, which was completed in January 2015. However, the school administration has not issued her a confirmation letter. They mentioned that they will provide it once she resumes her duties at the school in July 2015 (after her leave).
Please advise.
Regards,
Sunny
From India, Delhi
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Dear Mr. Kamal,
I would like to add here that if she had an appointment letter from the institution, please pay attention to my word "Institution". Whatever you have briefed that is related to Plant, factory, etc. but the employee mentioned in the mail is working in an educational institution.
So, it's very necessary to know in what terms and conditions she had signed on the said appointment letter.
Regards
From India, Mumbai
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I would like to add here that if she had an appointment letter from the institution, please pay attention to my word "Institution". Whatever you have briefed that is related to Plant, factory, etc. but the employee mentioned in the mail is working in an educational institution.
So, it's very necessary to know in what terms and conditions she had signed on the said appointment letter.
Regards
From India, Mumbai
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