Dear Friend,
I have a case study as below, please give your input for the same. In my organisation, a lady joined in Feb. 2015, and at that time she did not disclose that she is pregnant, or she may not have been aware of it. In Oct. 2015, she delivered a baby, and now she is claiming the maternity benefit as per the act. My questions are:
1. Is she eligible for Maternity Benefit as she hid the information at the time of joining?
2. As she has not completed 1 year of service, is she eligible for benefits? The act mentions that the employee should have worked at least 80 days in the preceding year. Does it mean the employee should have one year of service with the current organisation?
Your valued input is awaited.
Thank you.
From India, Mumbai
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I have a case study as below, please give your input for the same. In my organisation, a lady joined in Feb. 2015, and at that time she did not disclose that she is pregnant, or she may not have been aware of it. In Oct. 2015, she delivered a baby, and now she is claiming the maternity benefit as per the act. My questions are:
1. Is she eligible for Maternity Benefit as she hid the information at the time of joining?
2. As she has not completed 1 year of service, is she eligible for benefits? The act mentions that the employee should have worked at least 80 days in the preceding year. Does it mean the employee should have one year of service with the current organisation?
Your valued input is awaited.
Thank you.
From India, Mumbai
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Yes she is legally entitled for maternity benefit . NO matter she discloses it or not. Or in job for less than 01 year. Its her right and your duty to provide with maternity benefits as per law.
From India, Delhi
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46From India, Delhi
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Dear member,
I believe it is not proper to state that, in order to be eligible, a female employee must have completed at least one year of service in the organization where she is employed. If a female employee is claiming maternity benefits under the Maternity Benefit Act, 1961, it is crucial for the employer or the HR department to review the eligibility criteria outlined in the Act and ensure compliance accordingly. Could you please confirm the number of days the female employee had worked in the organization on the date of her expected delivery, as certified by the authorized medical officer (Section 5(2) of the Act)? The method for calculating these days is explained in Section 5(2) of the Act.
Additionally, please clarify if it was a prerequisite of employment that no female employee should be pregnant at the time of joining your organization. If so, was this condition communicated in writing to female employees prior to their employment? To the best of my knowledge, there is no such precondition specified in the aforementioned Act.
Thank you.
From India, Noida
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I believe it is not proper to state that, in order to be eligible, a female employee must have completed at least one year of service in the organization where she is employed. If a female employee is claiming maternity benefits under the Maternity Benefit Act, 1961, it is crucial for the employer or the HR department to review the eligibility criteria outlined in the Act and ensure compliance accordingly. Could you please confirm the number of days the female employee had worked in the organization on the date of her expected delivery, as certified by the authorized medical officer (Section 5(2) of the Act)? The method for calculating these days is explained in Section 5(2) of the Act.
Additionally, please clarify if it was a prerequisite of employment that no female employee should be pregnant at the time of joining your organization. If so, was this condition communicated in writing to female employees prior to their employment? To the best of my knowledge, there is no such precondition specified in the aforementioned Act.
Thank you.
From India, Noida
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First confirm whether the Act is applicable to your establishment.If so she is eligible for benefits. There is no rule that she should declare her pregnancy at the time of joining.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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From the date of joining of the employee you mentioned, it is presumed that she appeared for the interview and got selected at least a few days prior to February 2015. Perhaps during the interview or at the time of joining, she was not sure about her pregnancy. It is not mandatory for an employee to work for one year in the organization to be eligible for maternity benefits, but it is essential to check whether she has worked at least 80 days during her tenure in your organization. If the above condition is fulfilled, the employer cannot deny her claim for maternity benefits. I hope your query is satisfied. Seniors are requested to correct any mistakes in my post. Thanks.
From United States, New York
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From United States, New York
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The provisions of the Maternity Benefit Act, 1961 itself suggest the answers:
5(2) 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:
True construction of the provision is that any woman employee who has worked for a period of 80 days during the preceding twelve months is entitled to the benefit. The provision is that 80 days of employment need not be continuous but could be spread over a period of twelve months in different spells. It could as well be that she has joined just 80 days before her date of delivery.
6. Notice of claim for maternity benefit and payment thereof
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of the production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
The provision is unambiguous. The notice could be given even after the delivery. And in exceptional cases, maternity benefit could be availed of even if she has failed to give notice. As such, it is of no consequence if she has not informed of her pregnancy at the time of selection.
The answers are quite elementary if the provisions of the Act are read as a whole.
From India, Kochi
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5(2) 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:
True construction of the provision is that any woman employee who has worked for a period of 80 days during the preceding twelve months is entitled to the benefit. The provision is that 80 days of employment need not be continuous but could be spread over a period of twelve months in different spells. It could as well be that she has joined just 80 days before her date of delivery.
6. Notice of claim for maternity benefit and payment thereof
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit.
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of the production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
The provision is unambiguous. The notice could be given even after the delivery. And in exceptional cases, maternity benefit could be availed of even if she has failed to give notice. As such, it is of no consequence if she has not informed of her pregnancy at the time of selection.
The answers are quite elementary if the provisions of the Act are read as a whole.
From India, Kochi
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Creche under Maternity Benefit Act.pdf