Dear HR Community,
We are an MNC company-Office Jobs, having few female employees on fixed term contract ( 1 Yrs).
One employee has applied Maternity benefit leave before one month of her completion contract agreement.
I would request to kindly suggest, either she will be eligible for 3 months benefits after contract expires or only one month benefit limited to her contract period.
Please Suggest...
Regards,
From India, Faridabad
We are an MNC company-Office Jobs, having few female employees on fixed term contract ( 1 Yrs).
One employee has applied Maternity benefit leave before one month of her completion contract agreement.
I would request to kindly suggest, either she will be eligible for 3 months benefits after contract expires or only one month benefit limited to her contract period.
Please Suggest...
Regards,
From India, Faridabad
Dear Kratikans,
Lets understand that, Maternity benefits act, is made for to save rights of women & her child at time of her maternity. An Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits.
If she is out of ESIC coverage, then she shall be consider under " The Maternity Benefits Act. 1961", as i belive that, said women is working with you more than 80 days with prescribe 12 months, then, she got the eligible for the same as per said act. u/s 5, sub clause no. 2. (Rights to payment of maternity benefits).
Now the twist point is, as she has already applied for the said benefits (Before expiry of contract), so, termination of contract is automaticaly become as null or avoid to effect her benfits or not to stop her to avail the same, as she had worked for the said period & she got eligible before expiry of contract & her application is before said period.
So, she will be entitle to get the all benefits under the said act.
From India, Mumbai
206Lets understand that, Maternity benefits act, is made for to save rights of women & her child at time of her maternity. An Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits.
If she is out of ESIC coverage, then she shall be consider under " The Maternity Benefits Act. 1961", as i belive that, said women is working with you more than 80 days with prescribe 12 months, then, she got the eligible for the same as per said act. u/s 5, sub clause no. 2. (Rights to payment of maternity benefits).
Now the twist point is, as she has already applied for the said benefits (Before expiry of contract), so, termination of contract is automaticaly become as null or avoid to effect her benfits or not to stop her to avail the same, as she had worked for the said period & she got eligible before expiry of contract & her application is before said period.
So, she will be entitle to get the all benefits under the said act.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc