Hi, I am working in a software company. I joined this company in December 2015 when I was four months pregnant, and now I am in my sixth month. My company will provide maternity benefits only to those who have completed 180 days, but in maternity benefits, I have read that 80 days of service are eligible for maternity benefits. Is that true? If so, what should I do to receive my maternity benefits from my current employer?
Regards,
Zara
From India, Bengaluru
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Regards,
Zara
From India, Bengaluru
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Hi Ms. Zara,
According to the Maternity Benefit Act of 1961, an employee who has completed 80 days of service before the expected date of delivery is eligible to claim maternity benefits from her employer. If your company states that it is 180 days, then your company is contradicting the provision mentioned in the law. Hence, I suggest you take this matter to HR to correct the discrepancy. Your HR department will surely assist you with this.
With Regards,
Mr. Thumbs Up
From India, Chennai
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105According to the Maternity Benefit Act of 1961, an employee who has completed 80 days of service before the expected date of delivery is eligible to claim maternity benefits from her employer. If your company states that it is 180 days, then your company is contradicting the provision mentioned in the law. Hence, I suggest you take this matter to HR to correct the discrepancy. Your HR department will surely assist you with this.
With Regards,
Mr. Thumbs Up
From India, Chennai
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180 days may have been older rule but it is now 80 days. So you are indeed entitled for MB under the act.
From India, Pune
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From India, Pune
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Hi Kumaran & Nathrao,
Does THE MATERNITY BENEFIT (AMENDMENT) BILL, 2007 say the same???
Below is mentioned in my company leave policy:
2.0 Maternity Leave (ML)
Company policy provides for 12 weeks of maternity leave for female employees as per the Maternity Benefits Act. Female employees can avail up to six weeks of leave in the unfortunate event of a miscarriage. This is also as per the Maternity Benefits Act. Company policy provides for 12 weeks of maternity leave for female employees as per the Maternity Benefits Act.
a. Entitlement:
1. This leave is applicable for pregnancy, delivery, post-delivery, and other provisions as applicable under the Maternity Benefit Act 1961 (AMENDMENT) BILL, 2007.
2. Women employees are entitled to a period of 12 weeks of maternity leave due to delivery. The leave period could be split and taken before and/or after delivery.
3. In cases of illness arising due to pregnancy, etc., they are entitled to additional leave for a period of one month.
4. Up to 6 weeks of leave in the unfortunate event of a miscarriage or medical termination of pregnancy.
5. To avail the maternity leave, employees need to complete a minimum of 180 days of service with the organization.
Will they terminate me if I talk about maternity benefits?
Regards,
Zara
From India, Bengaluru
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Does THE MATERNITY BENEFIT (AMENDMENT) BILL, 2007 say the same???
Below is mentioned in my company leave policy:
2.0 Maternity Leave (ML)
Company policy provides for 12 weeks of maternity leave for female employees as per the Maternity Benefits Act. Female employees can avail up to six weeks of leave in the unfortunate event of a miscarriage. This is also as per the Maternity Benefits Act. Company policy provides for 12 weeks of maternity leave for female employees as per the Maternity Benefits Act.
a. Entitlement:
1. This leave is applicable for pregnancy, delivery, post-delivery, and other provisions as applicable under the Maternity Benefit Act 1961 (AMENDMENT) BILL, 2007.
2. Women employees are entitled to a period of 12 weeks of maternity leave due to delivery. The leave period could be split and taken before and/or after delivery.
3. In cases of illness arising due to pregnancy, etc., they are entitled to additional leave for a period of one month.
4. Up to 6 weeks of leave in the unfortunate event of a miscarriage or medical termination of pregnancy.
5. To avail the maternity leave, employees need to complete a minimum of 180 days of service with the organization.
Will they terminate me if I talk about maternity benefits?
Regards,
Zara
From India, Bengaluru
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Does that mean employees who are in their probation period are not eligible to use the maternity benefits offered by the company? I am confused and also do not know how to handle this. Kindly help.
Regards,
Zara
From India, Bengaluru
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Regards,
Zara
From India, Bengaluru
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There is no bar on an probationary employee claiming maternity benefits and the period of 180 days has been amended to 80 days. Other learned members may comment.
From India, Pune
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From India, Pune
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Dear member,
With reference to your question on the issue "Does THE MATERNITY BENEFIT (AMENDMENT) BILL, 2007 say the same?" as per your remarks above, it is informed that any bill has no relevancy. Once a bill is passed by Parliament, it becomes an Act, i.e., law to be followed by all concerned. As per the bare Act available with me, the Maternity Benefit Act, 1961 was last amended in the year 2008, vide which the rate of Medical Bonus was revised to Rs. 1000/- and the same has again been revised to Rs. 3500/- in the year 2011.
Since you have specifically asked about benefits under the Maternity Benefit Act, 1961, hence it is presumed that you are not covered under the ESI Act, 1948.
The condition of service of 180 days (in the 12 months immediately preceding the date of expected delivery) was applicable only up to 09/01/1989 and since 10/01/1989, the eligibility condition has been revised to 80 days. Therefore, it appears that your company has not updated its maternity leave policy in accordance with the amended provisions of the said Act.
I think you are working in Karnataka and therefore, if possible, you can purchase an updated bare Act along with Karnataka State Rules under the Maternity Benefit Act, 1961. Bare Act and Rules are available from Law Book Shops. From the Karnataka State Govt Rules under the said Act, you can find the procedure laid down for claiming the maternity benefit as prescribed by the State Govt, viz. forms, etc. Based on the said Act and Rules, you can discuss the issue with the concerned HR Officer of your establishment, and in case the employer fails to act as per the provisions of said law, you can take up the case with the appropriate Officer of the Labour Department of the State Govt. as may be prescribed in said Rules. With best wishes.
From India, Noida
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With reference to your question on the issue "Does THE MATERNITY BENEFIT (AMENDMENT) BILL, 2007 say the same?" as per your remarks above, it is informed that any bill has no relevancy. Once a bill is passed by Parliament, it becomes an Act, i.e., law to be followed by all concerned. As per the bare Act available with me, the Maternity Benefit Act, 1961 was last amended in the year 2008, vide which the rate of Medical Bonus was revised to Rs. 1000/- and the same has again been revised to Rs. 3500/- in the year 2011.
Since you have specifically asked about benefits under the Maternity Benefit Act, 1961, hence it is presumed that you are not covered under the ESI Act, 1948.
The condition of service of 180 days (in the 12 months immediately preceding the date of expected delivery) was applicable only up to 09/01/1989 and since 10/01/1989, the eligibility condition has been revised to 80 days. Therefore, it appears that your company has not updated its maternity leave policy in accordance with the amended provisions of the said Act.
I think you are working in Karnataka and therefore, if possible, you can purchase an updated bare Act along with Karnataka State Rules under the Maternity Benefit Act, 1961. Bare Act and Rules are available from Law Book Shops. From the Karnataka State Govt Rules under the said Act, you can find the procedure laid down for claiming the maternity benefit as prescribed by the State Govt, viz. forms, etc. Based on the said Act and Rules, you can discuss the issue with the concerned HR Officer of your establishment, and in case the employer fails to act as per the provisions of said law, you can take up the case with the appropriate Officer of the Labour Department of the State Govt. as may be prescribed in said Rules. With best wishes.
From India, Noida
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Queries regarding Maternity Benefits are frequently asked on our site. I encourage users to search for earlier posts on the subject. If any queries remain unresolved or unattended, please raise them for clarification. Below, I have listed earlier posts on related matters for the convenience of users, which should help in better understanding the issues involved:
- [Maternity Leave Policy Various MNCs Comparative Study](https://www.citehr.com/552210-maternity-leave-policy-various-mncs-compartitive-study.html)
- [Maternity Benefit During Probation Company Policy](https://www.citehr.com/549336-maternity-benefit-during-probation-company-policy.html)
- [Joining New MNC During Early Stage Pregnancy](https://www.citehr.com/548127-joining-new-mnc-during-early-stage-pregnancy.html)
- [Concession Time Asked Pregnant Employee Should We](https://www.citehr.com/545837-concession-time-asked-pregnant-employee-should-we.html)
- [Colleague 4 Month Pregnant and Doctor Suggested](https://www.citehr.com/546338-colleague-4-month-pregnant-n-dr-suggested.html)
- [Holding Salary During Maternity](https://www.citehr.com/545267-holding-salary-during-maternity-docx-download.html)
- [Maternity Leave](https://www.citehr.com/543118-maternity-leave.html)
- [Return Maternity Leave 3 Month Amount](https://www.citehr.com/539767-return-maternity-leave-3-month-amount.html)
- [Maternity Benefit Industry 3rd Executive](https://www.citehr.com/538993-maternity-benifit-industry-3rd-executive.html)
(Note: The link mentioned as '<link no longer exists - removed>' has been removed.)
From India, Bangalore
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- [Maternity Leave Policy Various MNCs Comparative Study](https://www.citehr.com/552210-maternity-leave-policy-various-mncs-compartitive-study.html)
- [Maternity Benefit During Probation Company Policy](https://www.citehr.com/549336-maternity-benefit-during-probation-company-policy.html)
- [Joining New MNC During Early Stage Pregnancy](https://www.citehr.com/548127-joining-new-mnc-during-early-stage-pregnancy.html)
- [Concession Time Asked Pregnant Employee Should We](https://www.citehr.com/545837-concession-time-asked-pregnant-employee-should-we.html)
- [Colleague 4 Month Pregnant and Doctor Suggested](https://www.citehr.com/546338-colleague-4-month-pregnant-n-dr-suggested.html)
- [Holding Salary During Maternity](https://www.citehr.com/545267-holding-salary-during-maternity-docx-download.html)
- [Maternity Leave](https://www.citehr.com/543118-maternity-leave.html)
- [Return Maternity Leave 3 Month Amount](https://www.citehr.com/539767-return-maternity-leave-3-month-amount.html)
- [Maternity Benefit Industry 3rd Executive](https://www.citehr.com/538993-maternity-benifit-industry-3rd-executive.html)
(Note: The link mentioned as '<link no longer exists - removed>' has been removed.)
From India, Bangalore
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Maternity Leave Policy - posting.doc