Dear Sirs,
After learning about my pregnancy, my employer started harassing me. Firstly, they asked me to work for half my salary, and when I contested this, they withheld my salary for two months. In October, when I informed them that I would be going on maternity leave, they did not respond, and to this date, I have not received my salary. Instead, they are pressuring me to resign and are avoiding any discussion regarding maternity leave.
I would like to file a complaint. Please advise me on the process to approach the labour commissioner's office. I am currently in my hometown awaiting delivery.
Thanks & Regards
From India, New Delhi
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3After learning about my pregnancy, my employer started harassing me. Firstly, they asked me to work for half my salary, and when I contested this, they withheld my salary for two months. In October, when I informed them that I would be going on maternity leave, they did not respond, and to this date, I have not received my salary. Instead, they are pressuring me to resign and are avoiding any discussion regarding maternity leave.
I would like to file a complaint. Please advise me on the process to approach the labour commissioner's office. I am currently in my hometown awaiting delivery.
Thanks & Regards
From India, New Delhi
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Dear Member,
Have you informed the employer about maternity leave using Form E? If not, please fill out the form and submit it to your current company along with a doctor's report. Keep a copy for yourself and ensure they acknowledge receipt.
Upon your return after delivery, approach the DLC with the necessary paperwork.
Thank you.
From United Arab Emirates, Dubai
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Have you informed the employer about maternity leave using Form E? If not, please fill out the form and submit it to your current company along with a doctor's report. Keep a copy for yourself and ensure they acknowledge receipt.
Upon your return after delivery, approach the DLC with the necessary paperwork.
Thank you.
From United Arab Emirates, Dubai
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Fill are required details & submiit the same to current employer and ask him for recieving. post that if employer deniying the same you can approch to Govt. Body.
From India, Delhi
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From India, Delhi
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Dear sir, I have inform them in advance officially via email and asked for the procedure to apply for maternity leave but no response from them. Regards
From India, New Delhi
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From India, New Delhi
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Now that they are maintaining silence after your written intimation, go ahead and fill in the forms specified by members above. These forms are to be submitted for Maternity benefits. Please refer to the rules and the Maternity Benefit Act. The form numbers will be specified in the appendix to the Act/rules.
From India, Pune
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From India, Pune
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Through somebody, you can approach the Labour Commissioner's office (maybe your husband), collect forms, seek the procedure, and then fill out the forms and submit. If you know somebody related or friends in legal circles, approach their help also so that your employer can be brought down on their knees soon. Let them not think that they can 'manage' the labour people. Before it is too late, start quick action.
Best wishes
From India, Bengaluru
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Best wishes
From India, Bengaluru
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Dear Ms.A.T.
The follg. is for your information & guidance:
FORM K
[See rule 15]
(Abstract of the Maternity Benefit Act, 1961, and the rules made thereunder).
1. No employer shall knowingly employ a woman during the six weeks immediately following the day of her delivery of miscarriage/ 3[Medical termination of pregnancy] and no woman shall work in any establishment during the said period.
2. No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period of one month immediately preceding the period of six weeks before the date of her expected delivery and also for any period during this period of six weeks for which she does not avail of leave of absence, any work which is of an arduous nature or which involves 10 of standing, or which in way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
3. 2[(1) Subject to the provisions of the Act, every woman who has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days, including the days during which she was laid off, shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of her average daily wages, or the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948, or ten rupees a day, whichever is highest, for the period of her actual absence not exceeding six weeks immediately preceding the day of delivery and the remaining period immediately following that day:
Provided that the qualifying period of eighty days aforesaid shall not apply to a woman who has I immigrated into the State of Assam and was pregnant at the time of the immigration:
Provided further that where a woman dies during the period for which maternity benefit is payable, to her, the benefit shall be payable only for the days upto and including the day of her death. However, where the woman having been delivered of a child, dies during her delivery or during the remaining period of maternity benefit leaving behind in either case the child, the employer shall be liable for the, payment of maternity benefit for the entire period of maternity benefit following the day of her delivery but if the child also dies during the said period, then, for the days upto and including the day of the death of the child.]
(2) 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 production of a certificate in Form ' B ' stating that she is pregnant and is expected to be delivered of a child within six weeks of the date of production of the certificate, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of the certificate in Form 'B' or Form 'D' stating that she has been delivered of a child or production of a certified extract from a Birth Register maintained under the provisions of any law for the time being in force.
4.(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in Form 'E' 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 establishment until the expiry 2[of the remaining period of maternity benefit] after the day of her delivery.
5. (1) Every woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of 2[two hundred and fifty rupees], if no pre-natal, confinement and post-natal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit.
(2) In case of miscarriage, a woman shall, on production of a certificate in Form 'B' or Form 'D' be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage. The wages shall be paid within 48 hours of production of the certificate in Form 'B' or Form 'D'.
3[(2a) In case of medical termination of pregnancy, a woman shall, on production of a certificate in Form ‘B’ be entitled to leave with wages of the rate of maternity benefit for a period of six weeks immediately following the day of her medical termination of pregnancy. The wages shall be paid within 48 hours of production of the certificate in Form ‘B’.]
(3) A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage/ 2[medical termination of pregnancy or tubectomy operation] shall, on production of a certificate in Form ‘B’, be entitled, in addition to the period of absence allowed to her on account of maternity or miscarriage/ 2[medical termination of pregnancy or tubectomy operation], as the case may be, to leave with wages at the rate of maternity benefit for a maximum period of one month. The wages for the leave period shall be paid within 48 hours of the expiry of that period.
6. Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of 15 minutes’ duration for nursing the child until the child attains the age of fifteen months. An extra sufficient period, depending upon the distance to be covered, shall be allowed for the purpose of the journey to and from the crèche or the place where the children are left by women while on duty, provided that such extra period shall not be less than 5 minutes and more than 15 minutes’ duration.
7. (1) When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for which discharge or dismissal would have been entitled to maternity benefit or medical bonus shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for one or more of the following acts, the employer may, by order in writing communicate to the woman, deprive her of the maternity benefit or medical bonus or both-
(i) wilful destruction of employer's goods or property;
(ii) assaulting any superior or co-employee at the place of work;
(iii) criminal offence involving moral turpitude resulting in conviction in a court of law;
(iv) theft, fraud, or dishonesty in connection with the employer's business or property; and
(v) wilful non-observance of safety measures or rules on the subject or wilful interference with safety devices or with fire-fighting equipment.
(b) Any woman deprived of maternity benefit or medical bonus or both, may within sixty days from the date on which the order of such deprivation is communicated to her, appeal in Form 'G' to 4[the Competent Authority and his decision] on such appeal whether the woman should or should not be deprived of maternity benefit or medical bonus or both, shall be final.
8. If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of the Act, she shall forfeit her claim to the maternity benefit for such period.
9. (1) Any woman claiming the maternity benefit or any other amount to which she is entitled under the Act and any person claiming that payment due has been improperly withheld may make complaint to the Inspector in writing in Form 'H' or 'I' as the case may be.
(2) The Inspector may, of his own motion or on receipt of a complaint in Form 'H' or '1' make an inquiry or cause an enquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders.
(3) Any person aggrieved by the decision of the Inspector may, within, thirty days from the date on which such decision is communicated to such person, appeal to 4 [the Chief Inspector of Mines].
(4) The decision of 5[* * *] 4[the Competent Authority] where an appeal has been preferred to him or of the Inspector where no such appeal has been preferred, shall be final.
10. (a) The employer shall supply to every woman employed by him at her request free of cost copies of Forms 'B', 'C', 'D', 'E', 'F', '0', 'H' and '1'.
(b) The failure to submit a notice, appeal or complaint in the prescribed form will not affect the right of a woman entitled to receive maternity benefit or any other amount due under the Act. Where a notice, appeal or complaint has been received in a form other than the prescribed form, the authority concerned shall within fifteen days of the receipt of such notice, appeal or complaint, require the woman to submit the notice, appeal or complaint, as the case may be in the prescribed form.
11. (a) (1) The employer of 1[every mine or circus] in which women are employed shall prepare and maintain a muster roll in Form 'A' and shall enter therein particulars of all women workers in 1[the mine or circus.]
(2) All entries in the muster-roll shall be made in ink and maintained up-to-date and it shall always be available for inspection by the Inspector during working hours.
(c) The employer of 1[every mine or circus] shall on or before the 21st day of January in each year submit 5[* * *] 4[the Competent Authority] a return in each of the Forms 'L', 'M', 'N' and '0', giving information as to the particulars specified in respect of the preceding year.
1.
Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
2.
Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
3.
Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996)
4.
Subs. by G.S.R. 64, dated 4th February, 1992 (w.e.f. 15-2-1992).
5.
Omitted by G.S.R. 49, dated 4th January, .1988 (w.e.f. 16-1-1988).
-------------
Read more: Maternity Benefit (Mines and Circus) Rules, 1961 - Form K Maternity Benefit (Mines and Circus) Rules, 1961 - Form K.
------------------
Also find attached relevant Forms under the Act for your immediate ref. Before you commence your action, Pl. ensure whether you are covered under ESI Act or the Maternity Act and go ahead accordingly.
From India, Bangalore
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The follg. is for your information & guidance:
FORM K
[See rule 15]
(Abstract of the Maternity Benefit Act, 1961, and the rules made thereunder).
1. No employer shall knowingly employ a woman during the six weeks immediately following the day of her delivery of miscarriage/ 3[Medical termination of pregnancy] and no woman shall work in any establishment during the said period.
2. No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period of one month immediately preceding the period of six weeks before the date of her expected delivery and also for any period during this period of six weeks for which she does not avail of leave of absence, any work which is of an arduous nature or which involves 10 of standing, or which in way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
3. 2[(1) Subject to the provisions of the Act, every woman who has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days, including the days during which she was laid off, shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of her average daily wages, or the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948, or ten rupees a day, whichever is highest, for the period of her actual absence not exceeding six weeks immediately preceding the day of delivery and the remaining period immediately following that day:
Provided that the qualifying period of eighty days aforesaid shall not apply to a woman who has I immigrated into the State of Assam and was pregnant at the time of the immigration:
Provided further that where a woman dies during the period for which maternity benefit is payable, to her, the benefit shall be payable only for the days upto and including the day of her death. However, where the woman having been delivered of a child, dies during her delivery or during the remaining period of maternity benefit leaving behind in either case the child, the employer shall be liable for the, payment of maternity benefit for the entire period of maternity benefit following the day of her delivery but if the child also dies during the said period, then, for the days upto and including the day of the death of the child.]
(2) 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 production of a certificate in Form ' B ' stating that she is pregnant and is expected to be delivered of a child within six weeks of the date of production of the certificate, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of the certificate in Form 'B' or Form 'D' stating that she has been delivered of a child or production of a certified extract from a Birth Register maintained under the provisions of any law for the time being in force.
4.(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in Form 'E' 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 establishment until the expiry 2[of the remaining period of maternity benefit] after the day of her delivery.
5. (1) Every woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of 2[two hundred and fifty rupees], if no pre-natal, confinement and post-natal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit.
(2) In case of miscarriage, a woman shall, on production of a certificate in Form 'B' or Form 'D' be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage. The wages shall be paid within 48 hours of production of the certificate in Form 'B' or Form 'D'.
3[(2a) In case of medical termination of pregnancy, a woman shall, on production of a certificate in Form ‘B’ be entitled to leave with wages of the rate of maternity benefit for a period of six weeks immediately following the day of her medical termination of pregnancy. The wages shall be paid within 48 hours of production of the certificate in Form ‘B’.]
(3) A woman suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage/ 2[medical termination of pregnancy or tubectomy operation] shall, on production of a certificate in Form ‘B’, be entitled, in addition to the period of absence allowed to her on account of maternity or miscarriage/ 2[medical termination of pregnancy or tubectomy operation], as the case may be, to leave with wages at the rate of maternity benefit for a maximum period of one month. The wages for the leave period shall be paid within 48 hours of the expiry of that period.
6. Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of 15 minutes’ duration for nursing the child until the child attains the age of fifteen months. An extra sufficient period, depending upon the distance to be covered, shall be allowed for the purpose of the journey to and from the crèche or the place where the children are left by women while on duty, provided that such extra period shall not be less than 5 minutes and more than 15 minutes’ duration.
7. (1) When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for which discharge or dismissal would have been entitled to maternity benefit or medical bonus shall not have the effect of depriving her of the maternity benefit or medical bonus:
Provided that where the dismissal is for one or more of the following acts, the employer may, by order in writing communicate to the woman, deprive her of the maternity benefit or medical bonus or both-
(i) wilful destruction of employer's goods or property;
(ii) assaulting any superior or co-employee at the place of work;
(iii) criminal offence involving moral turpitude resulting in conviction in a court of law;
(iv) theft, fraud, or dishonesty in connection with the employer's business or property; and
(v) wilful non-observance of safety measures or rules on the subject or wilful interference with safety devices or with fire-fighting equipment.
(b) Any woman deprived of maternity benefit or medical bonus or both, may within sixty days from the date on which the order of such deprivation is communicated to her, appeal in Form 'G' to 4[the Competent Authority and his decision] on such appeal whether the woman should or should not be deprived of maternity benefit or medical bonus or both, shall be final.
8. If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of the Act, she shall forfeit her claim to the maternity benefit for such period.
9. (1) Any woman claiming the maternity benefit or any other amount to which she is entitled under the Act and any person claiming that payment due has been improperly withheld may make complaint to the Inspector in writing in Form 'H' or 'I' as the case may be.
(2) The Inspector may, of his own motion or on receipt of a complaint in Form 'H' or '1' make an inquiry or cause an enquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders.
(3) Any person aggrieved by the decision of the Inspector may, within, thirty days from the date on which such decision is communicated to such person, appeal to 4 [the Chief Inspector of Mines].
(4) The decision of 5[* * *] 4[the Competent Authority] where an appeal has been preferred to him or of the Inspector where no such appeal has been preferred, shall be final.
10. (a) The employer shall supply to every woman employed by him at her request free of cost copies of Forms 'B', 'C', 'D', 'E', 'F', '0', 'H' and '1'.
(b) The failure to submit a notice, appeal or complaint in the prescribed form will not affect the right of a woman entitled to receive maternity benefit or any other amount due under the Act. Where a notice, appeal or complaint has been received in a form other than the prescribed form, the authority concerned shall within fifteen days of the receipt of such notice, appeal or complaint, require the woman to submit the notice, appeal or complaint, as the case may be in the prescribed form.
11. (a) (1) The employer of 1[every mine or circus] in which women are employed shall prepare and maintain a muster roll in Form 'A' and shall enter therein particulars of all women workers in 1[the mine or circus.]
(2) All entries in the muster-roll shall be made in ink and maintained up-to-date and it shall always be available for inspection by the Inspector during working hours.
(c) The employer of 1[every mine or circus] shall on or before the 21st day of January in each year submit 5[* * *] 4[the Competent Authority] a return in each of the Forms 'L', 'M', 'N' and '0', giving information as to the particulars specified in respect of the preceding year.
1.
Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
2.
Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
3.
Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996)
4.
Subs. by G.S.R. 64, dated 4th February, 1992 (w.e.f. 15-2-1992).
5.
Omitted by G.S.R. 49, dated 4th January, .1988 (w.e.f. 16-1-1988).
-------------
Read more: Maternity Benefit (Mines and Circus) Rules, 1961 - Form K Maternity Benefit (Mines and Circus) Rules, 1961 - Form K.
------------------
Also find attached relevant Forms under the Act for your immediate ref. Before you commence your action, Pl. ensure whether you are covered under ESI Act or the Maternity Act and go ahead accordingly.
From India, Bangalore
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Mr. Kumar. Great job ! You have made the life for the lady who posted the query above, much easier ! Best wishes for the excellent help you have extended. Best wishes
From India, Bengaluru
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From India, Bengaluru
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Dear Mr. Kumar,
Thank you for sharing all the information that A.T. would need to build the case. Is there any procedure that you can share that she needs to follow in order to approach the employer? Are there any particular authorities that she needs to approach or inform?
Looking forward to hearing from you. Thank you once again for your contribution.
From India, Mumbai
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Thank you for sharing all the information that A.T. would need to build the case. Is there any procedure that you can share that she needs to follow in order to approach the employer? Are there any particular authorities that she needs to approach or inform?
Looking forward to hearing from you. Thank you once again for your contribution.
From India, Mumbai
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While we have shared a lot of information, we need to answer the original question she has asked:
1. How to file a complaint
2. To whom it should be filed
3. She is at her hometown, not at her place of work, so can she file it at the local office of the labor commissioner or does she have to do it at the office near her place of work.
If someone can provide that answer, it would be appreciated.
From India, Mumbai
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1. How to file a complaint
2. To whom it should be filed
3. She is at her hometown, not at her place of work, so can she file it at the local office of the labor commissioner or does she have to do it at the office near her place of work.
If someone can provide that answer, it would be appreciated.
From India, Mumbai
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Saswata,
Pertinent observation. What she should do is fill in the forms specified by the Maternity Benefits Act for claiming benefits and directly send it by post (SpeedPost) to the Labour Commissioner with an explanatory letter explaining clearly that the employer is refusing her benefits and not answering her queries. The office of the Labour Commissioner having jurisdiction over the factory should be approached.
Of course, if she has someone in her hometown (presuming it is in the same state), they can approach the local labour office for clarifications and help.
From India, Pune
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Pertinent observation. What she should do is fill in the forms specified by the Maternity Benefits Act for claiming benefits and directly send it by post (SpeedPost) to the Labour Commissioner with an explanatory letter explaining clearly that the employer is refusing her benefits and not answering her queries. The office of the Labour Commissioner having jurisdiction over the factory should be approached.
Of course, if she has someone in her hometown (presuming it is in the same state), they can approach the local labour office for clarifications and help.
From India, Pune
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I wish to endorse the rejoinder of Mr. Nathrao, which has answered the queries. However, I may add, regarding jurisdiction, it's always the place where the establishment is situated and not the domicile, as the 'cause of action' arises from the Employer, which should form the criteria. I doubt whether the ALC of domicile will entertain this for want of jurisdiction...
From India, Bangalore
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From India, Bangalore
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(Fact Checked)-The user's reply contains correct information regarding the jurisdiction for filing complaints related to employment issues. The jurisdiction is typically based on the location of the establishment where the cause of action arose, not the employee's domicile. (1 Acknowledge point)
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From India, Bangalore
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(Fact Checked)-The user reply contains accurate and comprehensive guidance on the steps to take when facing issues related to maternity leave and benefits. The information provided aligns with best practices and legal procedures. Well done! (1 Acknowledge point)
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"....After knowing about my pregnancy my employer started harassing me. 1st they ask to work in half salary and when I argue they kept my salary on hold for two months. In October I inform them I will be going on maternity leave they did not say anything and till date I have not received my salary. Instead they are asking me to resign and not interested in talking about maternity.
I would like to lodge a complaint. Kindly suggest the process to approach the labour commissioner office. I am in my home town for delivery.".......
She did tell us that she informed (whom ??) in Oct. about her intention and about the pregnancy. She also has an idea about the Labour Commr.'s role in this. In all probability she might deliver soon. I'm not sure whether she will be in a fit condition to travel from her native place (where) to Delhi to lodge the complaint. In the circumstances my suggestions are -
She should authorise her husband or brother/sister to help her out and arrange filling up the Form No.B,D,E,G,H (in 4 sets) and take it Delhi to file with the employer and the jurisdictional LC. with a covering letter stating her condition does not allow her to move for this purpose. Or utilise the services of an advocate who might do a better job for a fee who would directly approach the LC and insist for an order to be passed for immediate payment of withheld salary, Bonus and Leave salary as well. Forms are reproduced here for convenience of member.
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FORM G
[See rule 9]
(APPEAL under sub-section (2) of section 12 and request that the
said employer be ordered to pay the above mentioned amount )
To
The Competent Authority
(Appointed under the Maternity Benefit Act, 1961).
……(Address)
Sir,
I,…, the undersigned, woman employee of…..(name and full address 1[mine or circus]) have been wrongly deprived by the employer of maternity benefit or medical bonus or both (strike out unnecessary portion} for the reasons attached hereto, prefer this appeal under sub-section (2) of section 12 and request that the said employer be ordered to pay the above mentioned amount to me. A copy of the order of the employer in this behalf is enclosed.
Date……. Signature or
thumb impression of the woman
Signature of an Attestor in case the woman is
not able to sign and affixes thumb impression.
Full address of the nominee/legal representative
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
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FORM H
[See rule 10]
(Complaint for the medical bonus and/or Rs…….. being wages for leave due under 1[section 9or 9A]
10 but the same has been improperly withheld by the employer)
To
The Inspector,
(Under the Maternity Benefit Act, 1961)
Sir,
I…… (name of woman) employed in…… (name and full address of 2[mine or circus]) having fulfilled the conditions laid down in the Maternity Benefit Act, 1961 and the Rules thereunder, am entitled to Rs……. being maternity benefit and/or Rs……. being the medical bonus and/or Rs…….. being wages for leave due under 1[section 9or 9A] 10 but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me.
Date…… Signature or
thumb impression of the woman
Signature of an Attestor in case the woman
is unable to sign and affixes thumb impression.
Date…… Full address of the woman.
1. Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
2. Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
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FORM B
[See rule 4(1)]
This is to certify that I examined…. wife /daughter of ….. a woman employee in…… (name of 1[mine or circus]) on…... (date) and found/cannot discover that she is pregnant and is expected to be delivered of a child within (month and/days) from the above mentioned date/has undergone miscarriage/ [Medical termination of pregnancy or tubectomy operation]/has been delivered of a child on….. (date) or is suffering from…..(date) from illness arising out of pregnancy/delivery/premature birth of a child or miscarriage/1[Medical termination of pregnancy or tubectomy operation ].
Signature, qualifications and designation of
Medical Officer/Medical Practitioner.
Date…..
Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961.-
1. "Child" includes a still-born child.
2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.
1. Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
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FORM D
[See rule 4(5)]
This is to certify that I examined….wife/daughter of….a woman employed in……(name of 1[mine or circus]) and found that she has been delivered of a child/has undergone miscarriage on…..(date)
Signature of registered midwife.
Date….
Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961-
1. "Child" includes a still-born child.
2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
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FORM E
[See rule 5(1)]
NOTICE UNDER SECTION 6 OF THE MATERNITY BENEFIT ACT, 1961
To
….(name of 1[mine or circus])
I….(name of woman) wife/daughter of…..employed as…..at…..(name of 1[mine or circus]), hereby give notice that 1 expect to be confined within six weeks next following from the date of this notice/have given birth to a child on…..(date) and shall be absent from work from…..(date). I shall not work in any establishment during the period for which I receive maternity benefit.
2. For the purpose of section 7, I hereby nominate….. (here enter name and address of the nominee) to receive maternity benefit and/or any other amount due to me under the Act in case of my death.
Signature of an Attestor in case
the woman is not able to sign
and affix thumb impression.
Signature or impression of woman
Date…..
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
--------------------------
Read more: Maternity Benefit (Mines and Circus) Rules, 1961 - Form H Maternity Benefit (Mines and Circus) Rules, 1961 - Form H
----------
Wish the member and the child in waiting, safe/healthy comfortable birth. May God bless them and be with them always.
From India, Bangalore
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I would like to lodge a complaint. Kindly suggest the process to approach the labour commissioner office. I am in my home town for delivery.".......
She did tell us that she informed (whom ??) in Oct. about her intention and about the pregnancy. She also has an idea about the Labour Commr.'s role in this. In all probability she might deliver soon. I'm not sure whether she will be in a fit condition to travel from her native place (where) to Delhi to lodge the complaint. In the circumstances my suggestions are -
She should authorise her husband or brother/sister to help her out and arrange filling up the Form No.B,D,E,G,H (in 4 sets) and take it Delhi to file with the employer and the jurisdictional LC. with a covering letter stating her condition does not allow her to move for this purpose. Or utilise the services of an advocate who might do a better job for a fee who would directly approach the LC and insist for an order to be passed for immediate payment of withheld salary, Bonus and Leave salary as well. Forms are reproduced here for convenience of member.
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FORM G
[See rule 9]
(APPEAL under sub-section (2) of section 12 and request that the
said employer be ordered to pay the above mentioned amount )
To
The Competent Authority
(Appointed under the Maternity Benefit Act, 1961).
……(Address)
Sir,
I,…, the undersigned, woman employee of…..(name and full address 1[mine or circus]) have been wrongly deprived by the employer of maternity benefit or medical bonus or both (strike out unnecessary portion} for the reasons attached hereto, prefer this appeal under sub-section (2) of section 12 and request that the said employer be ordered to pay the above mentioned amount to me. A copy of the order of the employer in this behalf is enclosed.
Date……. Signature or
thumb impression of the woman
Signature of an Attestor in case the woman is
not able to sign and affixes thumb impression.
Full address of the nominee/legal representative
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
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FORM H
[See rule 10]
(Complaint for the medical bonus and/or Rs…….. being wages for leave due under 1[section 9or 9A]
10 but the same has been improperly withheld by the employer)
To
The Inspector,
(Under the Maternity Benefit Act, 1961)
Sir,
I…… (name of woman) employed in…… (name and full address of 2[mine or circus]) having fulfilled the conditions laid down in the Maternity Benefit Act, 1961 and the Rules thereunder, am entitled to Rs……. being maternity benefit and/or Rs……. being the medical bonus and/or Rs…….. being wages for leave due under 1[section 9or 9A] 10 but the same has been improperly withheld by the employer. He may, therefore, be directed to pay the amount to me.
Date…… Signature or
thumb impression of the woman
Signature of an Attestor in case the woman
is unable to sign and affixes thumb impression.
Date…… Full address of the woman.
1. Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
2. Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
--------------
FORM B
[See rule 4(1)]
This is to certify that I examined…. wife /daughter of ….. a woman employee in…… (name of 1[mine or circus]) on…... (date) and found/cannot discover that she is pregnant and is expected to be delivered of a child within (month and/days) from the above mentioned date/has undergone miscarriage/ [Medical termination of pregnancy or tubectomy operation]/has been delivered of a child on….. (date) or is suffering from…..(date) from illness arising out of pregnancy/delivery/premature birth of a child or miscarriage/1[Medical termination of pregnancy or tubectomy operation ].
Signature, qualifications and designation of
Medical Officer/Medical Practitioner.
Date…..
Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961.-
1. "Child" includes a still-born child.
2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.
1. Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).
----------------
FORM D
[See rule 4(5)]
This is to certify that I examined….wife/daughter of….a woman employed in……(name of 1[mine or circus]) and found that she has been delivered of a child/has undergone miscarriage on…..(date)
Signature of registered midwife.
Date….
Definitions of "child" and "miscarriage" as in the Maternity Benefit Act, 1961-
1. "Child" includes a still-born child.
2. "Miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
--------------
FORM E
[See rule 5(1)]
NOTICE UNDER SECTION 6 OF THE MATERNITY BENEFIT ACT, 1961
To
….(name of 1[mine or circus])
I….(name of woman) wife/daughter of…..employed as…..at…..(name of 1[mine or circus]), hereby give notice that 1 expect to be confined within six weeks next following from the date of this notice/have given birth to a child on…..(date) and shall be absent from work from…..(date). I shall not work in any establishment during the period for which I receive maternity benefit.
2. For the purpose of section 7, I hereby nominate….. (here enter name and address of the nominee) to receive maternity benefit and/or any other amount due to me under the Act in case of my death.
Signature of an Attestor in case
the woman is not able to sign
and affix thumb impression.
Signature or impression of woman
Date…..
1. Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).
--------------------------
Read more: Maternity Benefit (Mines and Circus) Rules, 1961 - Form H Maternity Benefit (Mines and Circus) Rules, 1961 - Form H
----------
Wish the member and the child in waiting, safe/healthy comfortable birth. May God bless them and be with them always.
From India, Bangalore
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(Fact Checked)-The user's reply provides detailed guidance on how to file a complaint with the Labour Commissioner's office regarding maternity benefits. The forms mentioned are relevant for such complaints, ensuring proper documentation. (1 Acknowledge point)
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The long and short of the story is clear - the employer has no legal right to stop/withhold salary during the maternity period. The Maternity Benefits Act has codified the privileges and rights of lady employees. The employer needs to follow the law willingly. If he fails, there are people who will advise beneficiaries on how to secure the legitimate rights enshrined in the law of the land. Denying such payments or delaying such payments only shows how some can be penny-wise and pound foolish.
From India, Pune
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From India, Pune
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(Fact Checked)-The user's reply is correct. The Maternity Benefits Act does protect female employees during maternity by ensuring they receive their full salary and benefits. Employers must comply with these legal provisions. (1 Acknowledge point)
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— — — — — — If Ms.AT’s estt. is covered under the Payment of Wages Act, non payment of salary may attract penal provisions under this Act as well.
From India, Bangalore
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From India, Bangalore
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(Fact Checked)-The user's reply is correct. The Payment of Wages Act does indeed have provisions related to non-payment of salary, which could attract penalties for the employer in addition to the rights provided under the Maternity Benefits Act. (1 Acknowledge point)
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Ms.AT, you’ll have some more reference on the Maternity issue in attached extracts.
From India, Bangalore
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From India, Bangalore
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I want to understand, does all the companies by default are covered under maternity benefit act? Or is it that some kind of registration is needed etc.
From India, Pune
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From India, Pune
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(Fact Checked)-The Maternity Benefit Act, 1961 applies to all establishments, regardless of registration. No specific registration is needed for coverage under the Act. (1 Acknowledge point)
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Sir, I was appointed as a typist in the Government Sector (PWD) on 09.10.2014. I took maternity leave from 25.10.2014 onwards and rejoined my duty on 01.04.2015. During the maternity period from 25.10.2014 to 31.03.2015, I experienced a loss of pay. I am inquiring if there are any government guidelines or regulations available to address this issue.
From India, Madurai
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From India, Madurai
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You took maternity leave for over 5 months after working for about 2 weeks. How do you expect to be eligible for paid leave ?
From India, Mumbai
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From India, Mumbai
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My wife delivery was in the 2nd week of September 2016, and she joined her new office in the month of November 2015. How many days of contribution are eligible for maternity benefit in ESIC? Please tell me what the process is to claim maternity benefit.
From India, Delhi
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From India, Delhi
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Dear All,
Please let me know when a female employee is going on maternity leave and when the return needs to be submitted to the Labour Commissioner's office. Also, could you clarify how her salary will be calculated - will it be based on Basic+DA+HRA or the gross salary?
Please suggest.
From India, Baramati
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Please let me know when a female employee is going on maternity leave and when the return needs to be submitted to the Labour Commissioner's office. Also, could you clarify how her salary will be calculated - will it be based on Basic+DA+HRA or the gross salary?
Please suggest.
From India, Baramati
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No returns to be submitted at that time But maternity register to be kept updated. Salary payable is gross salary
From India, Mumbai
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From India, Mumbai
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Hi all,
I am Geet, working in a company and I am on maternity leave from 8th November 2016 to 31st January 2017. On 15th November 2016, God blessed me with a baby boy. He was delivered via cesarean section, so I would like to take an extra month of leave. I am inquiring whether my employer would allow me this additional leave and if it would be paid in accordance with the maternity act.
From India
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I am Geet, working in a company and I am on maternity leave from 8th November 2016 to 31st January 2017. On 15th November 2016, God blessed me with a baby boy. He was delivered via cesarean section, so I would like to take an extra month of leave. I am inquiring whether my employer would allow me this additional leave and if it would be paid in accordance with the maternity act.
From India
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Maternity annual return is to be filled every year. In my company, there is no scope for women to deliver babies as they are above 40 years old and already have kids. What should be done? Should I still fill out the return? On what basis? Please guide.
From India, Nagari
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From India, Nagari
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You can file a nil return But check whether there is a combined return under factory act applicable to you, then you don’t need to submit this separately
From India, Mumbai
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From India, Mumbai
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Ms. Fulewar,
(Pardon me if I'm wrong).
I request all the seekers to give adequate information about themselves, including some minimum details such as gender, state, and nature of the firm/industry/office/establishment, etc., at the time of raising queries. This way, learned members would be able to provide suggestions immediately without the need to extract additional information before answering queries. For God's sake, please don't assume that learned members are sitting idle, waiting to answer your queries. We are all sincerely engaged in our own routines, striving to share our knowledge and information for the benefit of others, free of charge. Therefore, spare us the need to extract relevant information.
Furthermore, had Fulewar taken the effort to refer to the Maternity Act beforehand, it could have provided clear answers to these queries. These are fundamental aspects that could have been understood by reading the act itself. Of course, expert opinions are available from members through their experiences and references diligently collected and stored for certain queries where there is no reference from the bare act.
I don't believe the Maternity Act prohibits women over 40 years old from bearing a child; therefore, age is not a relevant factor. What is essential is to clarify what regulations apply to your establishment, whether it is covered by ESI, the Maternity Act, Factories Act, Shops Act, or any other relevant statute, which you have not disclosed.
There is no registration required under the Maternity Act, but the ESI Act mandates it. Hence, you should be aware of which act is applicable to your establishment.
The Maternity Benefit Act and other related notes are attached for you to learn more about the provisions of the Act.
Also, read more from this link: https://www.citehr.com/572469-applic...016-a-pg2.html
From India, Bangalore
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(Pardon me if I'm wrong).
I request all the seekers to give adequate information about themselves, including some minimum details such as gender, state, and nature of the firm/industry/office/establishment, etc., at the time of raising queries. This way, learned members would be able to provide suggestions immediately without the need to extract additional information before answering queries. For God's sake, please don't assume that learned members are sitting idle, waiting to answer your queries. We are all sincerely engaged in our own routines, striving to share our knowledge and information for the benefit of others, free of charge. Therefore, spare us the need to extract relevant information.
Furthermore, had Fulewar taken the effort to refer to the Maternity Act beforehand, it could have provided clear answers to these queries. These are fundamental aspects that could have been understood by reading the act itself. Of course, expert opinions are available from members through their experiences and references diligently collected and stored for certain queries where there is no reference from the bare act.
I don't believe the Maternity Act prohibits women over 40 years old from bearing a child; therefore, age is not a relevant factor. What is essential is to clarify what regulations apply to your establishment, whether it is covered by ESI, the Maternity Act, Factories Act, Shops Act, or any other relevant statute, which you have not disclosed.
There is no registration required under the Maternity Act, but the ESI Act mandates it. Hence, you should be aware of which act is applicable to your establishment.
The Maternity Benefit Act and other related notes are attached for you to learn more about the provisions of the Act.
Also, read more from this link: https://www.citehr.com/572469-applic...016-a-pg2.html
From India, Bangalore
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Under the new amendment of 26 weeks, I would like to know if we are referring to paid leave up to 26 weeks or if it is only the leave that is being extended from 12 to 26 weeks. Kindly shed some light on the matter.
From India, Bangalore
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From India, Bangalore
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It is paid leave up to 26 weeks, additional 1 month paid leave for pregnancy related sickness before delivery.
From India, Mumbai
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From India, Mumbai
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I am in a very hard situation. I am insured under ESI, but due to non-deduction of the insurance amount from my employer for 6 months (Oct 2016 - March 2017), ESI is not going to cover my maternity benefit from August 2017. When I described this situation to my employer, HR told me I will not get my salary for 84 days if I take maternity leave from my company as I am ESI insured.
Could you suggest what I should do in this situation?
From India, Kolkata
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Could you suggest what I should do in this situation?
From India, Kolkata
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Roy,
Your situation is covered under Section 5A of the act. It states that notwithstanding the applicability of ESIC, the woman employee is covered under the Maternity Benefit Act until she becomes entitled to maternity benefits under Section 50 of the ESIC Act. Therefore, your employer is liable under the act to pay maternity benefits to you.
If the deduction was not made due to a default of the employer, you can complain to the ESIC authority about the same.
Please let me know if you need further assistance.
From India, Mumbai
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Your situation is covered under Section 5A of the act. It states that notwithstanding the applicability of ESIC, the woman employee is covered under the Maternity Benefit Act until she becomes entitled to maternity benefits under Section 50 of the ESIC Act. Therefore, your employer is liable under the act to pay maternity benefits to you.
If the deduction was not made due to a default of the employer, you can complain to the ESIC authority about the same.
Please let me know if you need further assistance.
From India, Mumbai
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As a woman employee, you are entitled to maternity benefits either under the Maternity Benefit Act or ESI Act. Since you are an insured person/IP under the ESI Act, you will be entitled to all maternity benefits under the ESI Act. The fault or excuse of non-payment of contributions towards ESI is not your responsibility but that of the employer. You should apply for the benefits using the prescribed form, and you may also lodge a complaint against non-payment of ESI contributions before the ESI authority, as suggested by another member earlier.
Please note that effective January 20, 2017, the maternity benefits under the ESI Act have been enhanced.
From India, Kolkata
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Please note that effective January 20, 2017, the maternity benefits under the ESI Act have been enhanced.
From India, Kolkata
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(Fact Checked)-[response] (1 Acknowledge point)
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Hello,
Please suggest by referring to the following grounds whether a company can terminate a pregnant lady:
1. As per the Maternity Benefit Act, legally, she can avail of leave for 26 weeks. Among the said 26 weeks, she can opt for leave of 8 weeks before delivery and an additional one-month leave in case of medical illness during pregnancy. Therefore, legally she can avail a maximum of 3 months leave before delivery (8 weeks (2 months) + 1 month for illness).
2. Also, as per the Maternity Benefit Act, a company cannot terminate a female employee who is pregnant.
Present Situation:
1. In our company, one lady is pregnant and currently, she is in her 2.5 month of pregnancy.
2. She has already taken approximately 2 months of leave after she became pregnant, and her medical reports indicate that she is practically unfit to join her duty as she has a very high BP rate and is advised to take bed rest.
3. Therefore, after allowing her a total of 3 months of eligible leave before delivery as per the Maternity Benefit Act, she is unsure whether she can return to work after the leave.
4. Can the company terminate her? Please guide me on this matter.
Thank you.
From India, Ahmedabad
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Please suggest by referring to the following grounds whether a company can terminate a pregnant lady:
1. As per the Maternity Benefit Act, legally, she can avail of leave for 26 weeks. Among the said 26 weeks, she can opt for leave of 8 weeks before delivery and an additional one-month leave in case of medical illness during pregnancy. Therefore, legally she can avail a maximum of 3 months leave before delivery (8 weeks (2 months) + 1 month for illness).
2. Also, as per the Maternity Benefit Act, a company cannot terminate a female employee who is pregnant.
Present Situation:
1. In our company, one lady is pregnant and currently, she is in her 2.5 month of pregnancy.
2. She has already taken approximately 2 months of leave after she became pregnant, and her medical reports indicate that she is practically unfit to join her duty as she has a very high BP rate and is advised to take bed rest.
3. Therefore, after allowing her a total of 3 months of eligible leave before delivery as per the Maternity Benefit Act, she is unsure whether she can return to work after the leave.
4. Can the company terminate her? Please guide me on this matter.
Thank you.
From India, Ahmedabad
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Hi Team,
I have been working with my company for the past 8 years. Earlier, they assured me that they would cover all maternity benefits. However, now that I am pregnant and have requested these benefits, they have refused and instructed me to visit the ESIC office to claim them.
I would appreciate any advice on how to proceed.
Thank you.
From India, Jalandhar
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I have been working with my company for the past 8 years. Earlier, they assured me that they would cover all maternity benefits. However, now that I am pregnant and have requested these benefits, they have refused and instructed me to visit the ESIC office to claim them.
I would appreciate any advice on how to proceed.
Thank you.
From India, Jalandhar
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf
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(Fact Checked)-The user reply provides accurate information regarding the Maternity Benefit Act, 1961, and the rules related to maternity benefits for pregnant women. Well done! (1 Acknowledge point)