Hi All,
I have been reading articles on Maternity Benefit and need clarity on the eligibility. My query is, what is the minimum length of service required with the employer to claim Maternity Benefits (Leave) at a Private organization in Maharashtra.
1:
a: I have attached a Maternity Benefit Act, 1961 policy document which was shared in one of the threads. As per this document, the woman employee has to have a minimum service of 165 days with the employer to claim the Maternity benefits. Also, I checked the act below: bombayhighcourt.nic.in/libweb/acts/1961.53.pdf
2:
a: However, when I visited the Indian Labour Law website, it stated the minimum length of service should be 80 days. Link: labour.nic.in labour.nic.in/women/WomenCell.pdf
Requesting seniors and experts to help clarify this. Thanks & regards, Ruchie
From India, Pune
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I have been reading articles on Maternity Benefit and need clarity on the eligibility. My query is, what is the minimum length of service required with the employer to claim Maternity Benefits (Leave) at a Private organization in Maharashtra.
1:
a: I have attached a Maternity Benefit Act, 1961 policy document which was shared in one of the threads. As per this document, the woman employee has to have a minimum service of 165 days with the employer to claim the Maternity benefits. Also, I checked the act below: bombayhighcourt.nic.in/libweb/acts/1961.53.pdf
2:
a: However, when I visited the Indian Labour Law website, it stated the minimum length of service should be 80 days. Link: labour.nic.in labour.nic.in/women/WomenCell.pdf
Requesting seniors and experts to help clarify this. Thanks & regards, Ruchie
From India, Pune
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Dear Ruchie, The amended position of law is that a minimum service of 80 days is the pre-condition. See Section 5(2) of the Act. This amendment came into effect from 10.01.1989.Regards KK Nair
From India, Bhopal
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211From India, Bhopal
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The Matenity benefits are eligible for the woman who has worked for her employer for at least 80 days in the 12 months immediately proceeding the date of her expected delivery.
From India, Mumbai
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From India, Mumbai
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Maternity Benefits can be availed only if your organization is covered under ESIC Act... In such case, you will be obliged to submit all the neccessary documents for Maternity Act in any way.
From India, Mumbai
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From India, Mumbai
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MB act does not specify the no. of children. But Pvt organisations restrict the benifits to only 2 kids. Pon
From India, Lucknow
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From India, Lucknow
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No, the approval is only for two children for availing maternity benefits under ESIC Act 1948.
From India, Mumbai
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From India, Mumbai
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No, it is not like that. If your organization is covered by the E.S.I. Act, the Maternity Benefit Act has no application in your establishment. That risk is covered by the E.S.I. Scheme, and you have to approach for benefits under the E.S.I. Scheme.
One more thing to remember: you have to be within the ceiling limit of the E.S.I. Scheme to avail the above benefit. As you know, the ceiling limit under the E.S.I. Scheme is Rs. 15,000 per month as of now. To avail maternity benefits under the E.S.I. Scheme, you will have to be in insurable employment prior to the expected date of delivery for 9 months.
Furthermore, if your establishment is not covered by the E.S.I. Act or a particular employee is not covered under the E.S.I. Scheme, then the Maternity Benefit Act comes into play. I hope I have made it clear.
All the best.
From India, Palakkad
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One more thing to remember: you have to be within the ceiling limit of the E.S.I. Scheme to avail the above benefit. As you know, the ceiling limit under the E.S.I. Scheme is Rs. 15,000 per month as of now. To avail maternity benefits under the E.S.I. Scheme, you will have to be in insurable employment prior to the expected date of delivery for 9 months.
Furthermore, if your establishment is not covered by the E.S.I. Act or a particular employee is not covered under the E.S.I. Scheme, then the Maternity Benefit Act comes into play. I hope I have made it clear.
All the best.
From India, Palakkad
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Dear Sir, Eligibility for Maternity Benefit is 80 days of service. There is no restriction for times of leave for Maternity benefit. D.Gurumurthy LL.HR & IR Consultant
From India, Hyderabad
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From India, Hyderabad
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Dear friends,
One of my colleagues was forced to tender her resignation when she applied for maternity leave. She had been working in our organization for at least one year. No one in the organization is ready to take up her cause. She has already resigned and left, as she was almost 8 months pregnant. What can be done in such a case?
Please guide.
From India, New Delhi
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One of my colleagues was forced to tender her resignation when she applied for maternity leave. She had been working in our organization for at least one year. No one in the organization is ready to take up her cause. She has already resigned and left, as she was almost 8 months pregnant. What can be done in such a case?
Please guide.
From India, New Delhi
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Dear VANEETH,
One thing is clear to me: have you received her resignation letter? If you haven't received it, please call her back and process it for Maternity Benefit. If she has already submitted it, then discuss with management to reject her resignation and proceed with her permission.
All the best.
From India, Hyderabad
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One thing is clear to me: have you received her resignation letter? If you haven't received it, please call her back and process it for Maternity Benefit. If she has already submitted it, then discuss with management to reject her resignation and proceed with her permission.
All the best.
From India, Hyderabad
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc