Hello Everyone... I worked as an assistant manager in the hospitality industry (five-star hotel) for 5 years and 5 months. During this duration, I went on maternity leave twice. The first was from January 2020 to September 2020 and the Second time I went from October 2022 to February 2023. But my company did not pay me my maternity salary. Now though I have left the company in August 2023 they did not pay me my gratuity as well. So want to know how I can avail my benefits even after resigning from my company. Also want to know how can I claim this.
From India, Jabalpur
2From India, Jabalpur
You are eligible for Maternity Benefit.
In fact, you can claim them now if the claim is not overdue for more than 3 years (limitation act)
Even after that, you can make a claim for it to the Labour Commissioner of your area giving reason for not filing the claim on time. It is his discretion whether to accept the late application.
Maternity Leave is not (in most cases), break in service as specified in the Gratuity Act.
Therefore, in spite of being on maternity leave and therefore not having come to work physically, you were still employed in the company and therefore your period of service includes thse days.
Since you have worked for more than 5 years, you are eligible for gratuity.
You need to file a gratuity claim first to the company in Form J.
If they do not respond or give it within 30 days, you can file a compliant with the relevant authority which would be the Labour Commissioner or Chief Labour Commissioner of the area where you worked.
From India, Mumbai
In fact, you can claim them now if the claim is not overdue for more than 3 years (limitation act)
Even after that, you can make a claim for it to the Labour Commissioner of your area giving reason for not filing the claim on time. It is his discretion whether to accept the late application.
Maternity Leave is not (in most cases), break in service as specified in the Gratuity Act.
Therefore, in spite of being on maternity leave and therefore not having come to work physically, you were still employed in the company and therefore your period of service includes thse days.
Since you have worked for more than 5 years, you are eligible for gratuity.
You need to file a gratuity claim first to the company in Form J.
If they do not respond or give it within 30 days, you can file a compliant with the relevant authority which would be the Labour Commissioner or Chief Labour Commissioner of the area where you worked.
From India, Mumbai
You will have to file a complaint in form N (for recovery of gratuity with the intervention of the Controlling authority). Before that please ensure that:
You were in continuous service of five years. The period of absence due to pregnancy shall be taken out separately but any other long leaves for which you were given charge sheet/ warning letters/ any kind of disciplinary action taken shall be considered as interruption of service. You were suppose to get maternity leave with salary for 6 months but you said it was unpaid and that too for five months. That iis anyway illegal on their part. What was the status of maternity leave for the first child birth? Was that paid one? Also I believe that the second spell of leave one was not for your third child. Please confirm.
From India, Kannur
You were in continuous service of five years. The period of absence due to pregnancy shall be taken out separately but any other long leaves for which you were given charge sheet/ warning letters/ any kind of disciplinary action taken shall be considered as interruption of service. You were suppose to get maternity leave with salary for 6 months but you said it was unpaid and that too for five months. That iis anyway illegal on their part. What was the status of maternity leave for the first child birth? Was that paid one? Also I believe that the second spell of leave one was not for your third child. Please confirm.
From India, Kannur
Madhu-ji
Just to clarify, you are saying that gratuity will not be applicable for the period when the employee was on maternity leave? So in this case, she will get gratuity for 4.5 years (assuming she took 6 months leave twice)?
From India, Mumbai
Just to clarify, you are saying that gratuity will not be applicable for the period when the employee was on maternity leave? So in this case, she will get gratuity for 4.5 years (assuming she took 6 months leave twice)?
From India, Mumbai
No, gratuity will be applicable for all paid leaves including maternity leaves. Even the unpaid leaves (see in the first leave exceeds six months) shall be counted as continuous service if for that absence no disciplinary action was taken against the employee. I was trying to ask, whether there were any such period of absence for which disciplinary action was taken against her. Absolutely, the maternity leave period will be considered as service period for all purposes including gratuity.
From India, Kannur
From India, Kannur
sir I was continuous on job from February 2018 to till August 2023.And none of my maternity leave was paid. When I asked them they said as their is no leave policy in this company ,so we are not liable to pay any maternity leave salary. Also during this period i also got suffered from covid during second wave where I was on leave because of covid from 26th April 2021 to 31st May 2021.At that time also I did not got any support from the company.Now because I have some financial crisis so I asked them to clear my dues ,they are denying to do so.Please help me or guide me how can I claim
From India, Jabalpur
From India, Jabalpur
You need to follow the process as we have outlined above.
you are eligible for maternity leave. It is not a choice of the company but a mandatory requirement of law.
About covid, there was an order from the central government making it mandatory for employers to pay for Covid Sick Leave if they were asked to come to work during that period. However, it may not be possible to claim that now. Gratuity, you are definitely eligible.
From India, Mumbai
you are eligible for maternity leave. It is not a choice of the company but a mandatory requirement of law.
About covid, there was an order from the central government making it mandatory for employers to pay for Covid Sick Leave if they were asked to come to work during that period. However, it may not be possible to claim that now. Gratuity, you are definitely eligible.
From India, Mumbai
Saswatabanerjee sir just one last help i will be needing from your end sir can you please guide me step by step from where I should start my claiming process for my maternity leave salary and for gratuity. It would be great help sir. Thanks in advance and also for the advice on my previous post by you and madhu sir .
From India, Jabalpur
From India, Jabalpur
Go through both the acts and rules
There are forms there which you need to print, fill and submit
The relevant authority (if your company refuses to pay) is the Commission of Labour or the Chief Commissioner of Labour. If there is a specific officer, he will guide you to that person.
First make the claims in writing to the company with reference to the acts and sections, asking them to clear the amount in 15 days. If they refused in writing or if they do not respond in 15 days, go to the commissioner's office with the forms and the response / correspondence with the employer
From India, Mumbai
There are forms there which you need to print, fill and submit
The relevant authority (if your company refuses to pay) is the Commission of Labour or the Chief Commissioner of Labour. If there is a specific officer, he will guide you to that person.
First make the claims in writing to the company with reference to the acts and sections, asking them to clear the amount in 15 days. If they refused in writing or if they do not respond in 15 days, go to the commissioner's office with the forms and the response / correspondence with the employer
From India, Mumbai
It is unfortunate that the Classification body (The Hotel & Restaurant Approval & Classification Committee (HRACC) which has given the Hotel a five star has not gone through the records of the hotel or even not done any audit as to whether they are following the basic labour laws. It is true that non compliance with regard to labour laws will reflect in the attitude of the people who interact with the 'guest' the facilities of whom the HRACC is mainly concerned about.
Coming to the point, in continuation to what Banerjee has said I would like to add that the appropriate authority for lodging complaints on maternity leave and medical bonus is the officer of the state labour department. You need not approach the Commissioner but an officer who is in charge of enforcement of labour laws in your area will help you to file a complaint. Since the Rules are made by the respective states, a common form may not be available but the Officer in charge can guide you in this regard.
From India, Kannur
Coming to the point, in continuation to what Banerjee has said I would like to add that the appropriate authority for lodging complaints on maternity leave and medical bonus is the officer of the state labour department. You need not approach the Commissioner but an officer who is in charge of enforcement of labour laws in your area will help you to file a complaint. Since the Rules are made by the respective states, a common form may not be available but the Officer in charge can guide you in this regard.
From India, Kannur
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