Dear Senior
I have joined in a private concern on April\'2010. I am in two years probation period now.
Whenever I have joined I was unmarried. But now I am nine months pregnent & my due date is 18 july 2012.
I have already given a notice to my employer on regarding this matter but he has replied that now I am in probation period & as per
maternity benefit act I am not entitled to get the benefit.
If is is payble leave then how much can I get during this leave? (my salay 14000/- pm)
I am on ESI scheme. So shall I get any advantage from ESI?
pls. give details according to maternity leave act 1961 with mentioning section & undersection as I can give kind attention of my employer.
From India, Delhi
I have joined in a private concern on April\'2010. I am in two years probation period now.
Whenever I have joined I was unmarried. But now I am nine months pregnent & my due date is 18 july 2012.
I have already given a notice to my employer on regarding this matter but he has replied that now I am in probation period & as per
maternity benefit act I am not entitled to get the benefit.
If is is payble leave then how much can I get during this leave? (my salay 14000/- pm)
I am on ESI scheme. So shall I get any advantage from ESI?
pls. give details according to maternity leave act 1961 with mentioning section & undersection as I can give kind attention of my employer.
From India, Delhi
10
If contributions in respect of the insured woman were payable for not less than 70 days in the two contribution periods immediately preceding the date of miscarriage, she will be entitled to maternity benefit for all days on which she does not work for remuneration during six weeks immediately following the date of miscarriage, at the maternity benefit rate.
The period of 6 weeks for which maternity benefit is payable for miscarriage under the above provision may be in one spell or more, but it must be within the range of 6 weeks from the date immediately following the date of miscarriage.
From India, Hyderabad
The period of 6 weeks for which maternity benefit is payable for miscarriage under the above provision may be in one spell or more, but it must be within the range of 6 weeks from the date immediately following the date of miscarriage.
From India, Hyderabad
"2 years of probabtion" What is this, is this is a joke? This is a clear case of fooling employees by the said management in not paying them their rightful dues.
First lets solve your issue:
Here is a link that will anser your ESI questions.
ESI Delhi
2. Maternity Benefit Act:
Here is the link that will help your answer your Maternity Benefit Act
<link no longer exists - removed>
All the best
Regards
Ukmitra
From Saudi Arabia, Riyadh
First lets solve your issue:
Here is a link that will anser your ESI questions.
ESI Delhi
2. Maternity Benefit Act:
Here is the link that will help your answer your Maternity Benefit Act
<link no longer exists - removed>
All the best
Regards
Ukmitra
From Saudi Arabia, Riyadh
I believe, in case an employer does not give any letter to you after 6 months then you are deemed to be confirmed as neither extension of probation, nor confirmation has been given. Regards Rashmi
From India, Delhi
From India, Delhi
There is no bar for a woman employee to recive maternity benfit during probatin provided the contributory conditions as Devi explained are fulfiled.For any reason, you are not eligible to claim maternity benfit under ESI scheme, you can claim the same under Maternity bnefit Act 1961, since I trust you must have put in minimum80 days of service in the 12 months preceding your expected date of delivery.You can bring these provisions to the notice of your higher authorities. Do not worry. The Acts forbid the employer to take any action against you during pregnanacy.
B.Saikumar
Mumbai
From India, Mumbai
B.Saikumar
Mumbai
From India, Mumbai
If you have completed more than 160 days...you are eligible to get Maternity Benefit as per clause 5(2) of M.B.Act 1961. Regards Manish Bali Head - HR, Jindal Group of cos.
From India, Delhi
From India, Delhi
dear ukmitra and Rashmi Malhotra
2 years probation can not be joke. It depends upon your terms and conditions of employment. Unless deeming clause is provided in the appoitment letter , an employees continues to be on probation
in S.Sukhbans Singh vs. The State of Punjab AIR 1962 SC 1711 Constitution Bench of Supreme Court held that an employee appointed on probation , does not on expiry of the probation period , automatically become a permanent . in AIR 1968 SC 1210 SC held that an express order of confirmation is necessary to give the employee substentive right to the post. you can contact me and discuss more . However in thsi case Ms Jastaran you are eligible for maternity benfit as per the perovisions of ESI Act
thanks & regards
RLDhingra, Advocate
Labour Law Connsultant, Delhi
9818309937 Email:rld_498@rediffmail.com
From India, Delhi
2 years probation can not be joke. It depends upon your terms and conditions of employment. Unless deeming clause is provided in the appoitment letter , an employees continues to be on probation
in S.Sukhbans Singh vs. The State of Punjab AIR 1962 SC 1711 Constitution Bench of Supreme Court held that an employee appointed on probation , does not on expiry of the probation period , automatically become a permanent . in AIR 1968 SC 1210 SC held that an express order of confirmation is necessary to give the employee substentive right to the post. you can contact me and discuss more . However in thsi case Ms Jastaran you are eligible for maternity benfit as per the perovisions of ESI Act
thanks & regards
RLDhingra, Advocate
Labour Law Connsultant, Delhi
9818309937 Email:rld_498@rediffmail.com
From India, Delhi
Since you are covered under ESI, you can not claim any maternity benefits from the employer. PVVB.KUMAR
From India, Kakinada
From India, Kakinada
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Right to payment of maternity benefits.doc