Madam,
For the calculation of 80 working days, the following explanation given under section 5 of the MB Act may be helpful:
"For the purpose of calculating under the sub-section, the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account."
Accordingly, count your working days and paid holidays. All the best.
From India, Delhi
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12For the calculation of 80 working days, the following explanation given under section 5 of the MB Act may be helpful:
"For the purpose of calculating under the sub-section, the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account."
Accordingly, count your working days and paid holidays. All the best.
From India, Delhi
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@ Sonali B...
I think you have not understood the explanation given in the act.
Let me explain to you.
Section 5-B of the Maternity Benefit Act 1961 explains the payment of maternity benefits in certain cases. Every woman:
(a) who is employed in a factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause (b) of clause (9) of Section 2 of that Act; and
(c) who fulfills the conditions specified in sub-section (2) of Section 5, shall be entitled to the payment of maternity benefit under this Act.
Subclause b is talking about the Employees State Insurance Act, 1948, which states that employees earning wages up to ₹15,000 (previously it was ₹6,500 [1997-2004], then ₹7,500, and now ₹10,000, as you have mentioned) are eligible to receive benefits under the ESIC Act. Anyone earning wages above ₹15,000 is not covered under the ESIC Act, 1948.
Hence, any female employee working in a factory covered under ESIC whose wages are above ₹15,000 (not entitled to ESIC benefits due to the wages ceiling) is covered under the Maternity Benefits Act 1961 by default. There are no ifs and buts in this explanation; the only criterion is a work period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
It seems you are from Maharashtra, so to understand the topic properly, please go through the rules as explained in the Maharashtra Maternity Benefit Rules, 1965.
The Factory Act 1948 and the Maternity Benefits Act 1961 are two different acts, and in case of a clash of provisions, though there is none, the Maternity Benefit Act would prevail as it is a social benefit legislation.
I repeat, there is no salary ceiling for receiving benefits under the Maternity Benefits Act in any type of industry.
I hope your doubts are clear now.
A wise tip for you: Upgrade your knowledge. Don't react and don't make it a prestige issue if someone tries to correct you.
From India, Pune
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I think you have not understood the explanation given in the act.
Let me explain to you.
Section 5-B of the Maternity Benefit Act 1961 explains the payment of maternity benefits in certain cases. Every woman:
(a) who is employed in a factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause (b) of clause (9) of Section 2 of that Act; and
(c) who fulfills the conditions specified in sub-section (2) of Section 5, shall be entitled to the payment of maternity benefit under this Act.
Subclause b is talking about the Employees State Insurance Act, 1948, which states that employees earning wages up to ₹15,000 (previously it was ₹6,500 [1997-2004], then ₹7,500, and now ₹10,000, as you have mentioned) are eligible to receive benefits under the ESIC Act. Anyone earning wages above ₹15,000 is not covered under the ESIC Act, 1948.
Hence, any female employee working in a factory covered under ESIC whose wages are above ₹15,000 (not entitled to ESIC benefits due to the wages ceiling) is covered under the Maternity Benefits Act 1961 by default. There are no ifs and buts in this explanation; the only criterion is a work period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.
It seems you are from Maharashtra, so to understand the topic properly, please go through the rules as explained in the Maharashtra Maternity Benefit Rules, 1965.
The Factory Act 1948 and the Maternity Benefits Act 1961 are two different acts, and in case of a clash of provisions, though there is none, the Maternity Benefit Act would prevail as it is a social benefit legislation.
I repeat, there is no salary ceiling for receiving benefits under the Maternity Benefits Act in any type of industry.
I hope your doubts are clear now.
A wise tip for you: Upgrade your knowledge. Don't react and don't make it a prestige issue if someone tries to correct you.
From India, Pune
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There is no wage limit for the benefit under the MB Act. The woman need not be married. Though the ESI Act is applicable to the establishment, an employee is eligible for benefits under the MB Act if her salary is above Rs 15,000 per month and not eligible under the ESI scheme. Her designation or nature of work is immaterial. Even a new employee covered under ESI will be eligible for benefits under the MB Act (subject to conditions) until she becomes eligible under the ESI Act without default.
VARGHESE MATHEW
09961266966
From India, Thiruvananthapuram
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VARGHESE MATHEW
09961266966
From India, Thiruvananthapuram
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80 days are not counted based on the financial year or date of joining, but it is 80 days during the period of 12 months immediately preceding the date of delivery/expected date of delivery. The expected date of delivery is important because only 6 weeks of leave can be granted before the date of delivery, and as the date of delivery can change, we take the expected date of delivery. Therefore, 12 months are taken backwards from the expected date of delivery.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Any woman employee working for the company for the last 80 days is entitled to maternity leave. Before delivery, she is entitled to 6 weeks of leave, and after delivery, another 6 weeks. If she wants an additional week, she must inform HR first. During this leave period, she will not receive any wages from the company but will receive money from ESI. All permanent employees are eligible, except for apprentices and trainees. For more details, refer to the Shops and Establishments Act, Section 24 and 25.
From India, Mumbai
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From India, Mumbai
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Dear Hema and all members,
Suppose a company, in its joining letter, states that an employee has to undergo 18 months of training and a 6-month probation period. If a female employee's delivery date falls within her training period (specifically, the last month of training), is she eligible for maternity leave?
For example, if she joins on 1 Jan 2009 (enters the training period from 1 Jan 2009 to 31 July 2010, and probation from 1 Aug to 1 Jan '11), got married in Feb 09, and her delivery date is 28 July 2010, would she be eligible for Maternity Leave?
Regards,
Hansa
From India, Udaipur
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Suppose a company, in its joining letter, states that an employee has to undergo 18 months of training and a 6-month probation period. If a female employee's delivery date falls within her training period (specifically, the last month of training), is she eligible for maternity leave?
For example, if she joins on 1 Jan 2009 (enters the training period from 1 Jan 2009 to 31 July 2010, and probation from 1 Aug to 1 Jan '11), got married in Feb 09, and her delivery date is 28 July 2010, would she be eligible for Maternity Leave?
Regards,
Hansa
From India, Udaipur
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Contractual Employees are also entitled to Maternity Benefits if there are no such conditions on maternity benefits in the contract.
Just want to share with you all that as per the latest judgment of the Honorable Karnataka High Court, "Contractual Employees are also entitled to maternity benefits under the Maternity Benefit Act."
In its landmark judgment, the Honorable Court ruled "that the provisions of the Statutory Act and State Policy as per the Constitution of India would prevail over the terms and conditions of contractual employment."
The court ruled that "where the terms and conditions on maternity benefits are absent in the contract, the provisions of the Maternity Benefit Act, being a statutory provision, will automatically apply."
Regards,
Kamal
From India, Pune
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Just want to share with you all that as per the latest judgment of the Honorable Karnataka High Court, "Contractual Employees are also entitled to maternity benefits under the Maternity Benefit Act."
In its landmark judgment, the Honorable Court ruled "that the provisions of the Statutory Act and State Policy as per the Constitution of India would prevail over the terms and conditions of contractual employment."
The court ruled that "where the terms and conditions on maternity benefits are absent in the contract, the provisions of the Maternity Benefit Act, being a statutory provision, will automatically apply."
Regards,
Kamal
From India, Pune
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