Hi,
I am working in a private organization from 10.10.10.My due date was 22.08.11. I had verbally disucssed with employer to proceed on leave from 01.08.11,not given in writing from my side. However unexpectedly delivered on 25.07.11.I informed about the same via telecon to my boss/MD.After 11 weeks, i joined back and gave a letter in which i clearly explained the above situation and confirmed the date of re-joining.The issue is the company did not pay me the maternity leave and also removed my name from the attendance register.Is this correct??? Please let me know if i am entitled to pay during the leave. Thanks
From United States, Cambridge
I am working in a private organization from 10.10.10.My due date was 22.08.11. I had verbally disucssed with employer to proceed on leave from 01.08.11,not given in writing from my side. However unexpectedly delivered on 25.07.11.I informed about the same via telecon to my boss/MD.After 11 weeks, i joined back and gave a letter in which i clearly explained the above situation and confirmed the date of re-joining.The issue is the company did not pay me the maternity leave and also removed my name from the attendance register.Is this correct??? Please let me know if i am entitled to pay during the leave. Thanks
From United States, Cambridge
Dear Revathi,
I was faced the same issue in my past company. They accepted my maternity leave for four months but they didnt give any written statement and they didnt accept my rejoining i was under maternity leave for four months with LOP. I too not interested to join there so i quit and joined in other company. Most of the employer is not accepting maternity leave for female staffs i was heard from my circle most of the female staffs not availing maternity leave from their company. The employer is not providing maternity leave. But as per the act the employer should provide maternity leave for the female staffs atleast for three months. For giving pay it is based on the company policy.
Regards
Cynthia.
From India, Madras
I was faced the same issue in my past company. They accepted my maternity leave for four months but they didnt give any written statement and they didnt accept my rejoining i was under maternity leave for four months with LOP. I too not interested to join there so i quit and joined in other company. Most of the employer is not accepting maternity leave for female staffs i was heard from my circle most of the female staffs not availing maternity leave from their company. The employer is not providing maternity leave. But as per the act the employer should provide maternity leave for the female staffs atleast for three months. For giving pay it is based on the company policy.
Regards
Cynthia.
From India, Madras
Revathi,
As per you, you have worked upto 24.07.11 and the next day the delivery happened. Is it right?
Maternity benefit Act says six weeks before the date of delivery and six weeks after the delivery. In your case, the first part of six weeks could not be availed by you due to the fact of premature delivery. I think you are eligible only for 6 weeks after the delivery. Let the experts comment.
However, subject to the production of proof on health grounds, you are eligible for one month leave in addition to the six weeks after the delivery.
Wait for the legal experts opinions.
Pon
From India, Lucknow
604As per you, you have worked upto 24.07.11 and the next day the delivery happened. Is it right?
Maternity benefit Act says six weeks before the date of delivery and six weeks after the delivery. In your case, the first part of six weeks could not be availed by you due to the fact of premature delivery. I think you are eligible only for 6 weeks after the delivery. Let the experts comment.
However, subject to the production of proof on health grounds, you are eligible for one month leave in addition to the six weeks after the delivery.
Wait for the legal experts opinions.
Pon
From India, Lucknow
Dear All,
Please check the maternity leave policy of your company. No registered company can deny the benefit, as this maternity leave act is pass by the Parliament (a file attached). You can send a legal notice to an employer.It will help at least female employees.
From India, Mumbai
Please check the maternity leave policy of your company. No registered company can deny the benefit, as this maternity leave act is pass by the Parliament (a file attached). You can send a legal notice to an employer.It will help at least female employees.
From India, Mumbai
Hi
Thanks for the replies. I have the following doubts:
1) I had not given any "written" notice before proceeding for leave and joined after 11 weeks. In this case can i claim maternity leave?My employer considers my absence and uninformed leave.
2) Is it must to take 6 weeks before delivery leave or can i take all 12 weeks after delivery?
3) What are the legal options and procedure??
Experts please help me out...
Revathi
From United States, Cambridge
Thanks for the replies. I have the following doubts:
1) I had not given any "written" notice before proceeding for leave and joined after 11 weeks. In this case can i claim maternity leave?My employer considers my absence and uninformed leave.
2) Is it must to take 6 weeks before delivery leave or can i take all 12 weeks after delivery?
3) What are the legal options and procedure??
Experts please help me out...
Revathi
From United States, Cambridge
Section 6 of the Maternity Benefit Act provides for notice of claim of benefit and payments.
sub-clause(3) states "Any woman who has not given the notice when she was pregnant may give such
notice as soon as possible after the delivery."
So, you can give the notice in writing now i.e. after the delivery.
Sub-clause(4) states "On receipt of the notice, the employer shall permit such woman to absent herself from
the establishment until the expiry of six weeks after the day of her delivery."
So, you can avail 6 weeks of leave from the day of delivery. Not all 12 weeks.
Regards,
Swapnil
From India, Pune
sub-clause(3) states "Any woman who has not given the notice when she was pregnant may give such
notice as soon as possible after the delivery."
So, you can give the notice in writing now i.e. after the delivery.
Sub-clause(4) states "On receipt of the notice, the employer shall permit such woman to absent herself from
the establishment until the expiry of six weeks after the day of her delivery."
So, you can avail 6 weeks of leave from the day of delivery. Not all 12 weeks.
Regards,
Swapnil
From India, Pune
Dear Revathi,
From your mail it is evident that it was premature (early delivery), due to which you failed to give a written notice to an employer.
Even if post delivery leave is six week, you can claim the benefit for six weeks & six weeks can we LOP, kindly contact legal expert on this.
From India, Mumbai
From your mail it is evident that it was premature (early delivery), due to which you failed to give a written notice to an employer.
Even if post delivery leave is six week, you can claim the benefit for six weeks & six weeks can we LOP, kindly contact legal expert on this.
From India, Mumbai
Dear please check whether you've satisfy this MATERNITY BENEFIT ACT, 1961 sub clause:
5 (2) No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery:
beside, I'd suggest you to talk sensibly to your HR. Hope they'll come up with peaceful solution.
regards,
Zakir
Bangladesh
From Bangladesh, Dhaka
5 (2) No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery:
beside, I'd suggest you to talk sensibly to your HR. Hope they'll come up with peaceful solution.
regards,
Zakir
Bangladesh
From Bangladesh, Dhaka
Dear Ms.Revathi
You are entitled to maternity leave under the Maternity Benefit Act if this Act is applicable to you and to the establishment in which you work. If the Act is not applicable to the establishment in which you work then you cannot claim maternity benefit under the M.B.Act. If you are covered by the ESI Act you cannot claim maternity benefit under this Act. You could give notice of the delivery of the child even after the delivery if the situation is such that you could not have given the notice earlier. As you have not availed any maternity leave prior to the date of delivery you are entitled to 12 weeks maternity benefit. The restriction is that you could not have availed maternity benefit for more than six weeks prior to the date of delivery. What do you really mean by removing your name from the attendance register. Were your services terminated or are you still in the service of the establishment. This information is required for any further assistance/views if you so desire. What you propose to do with the refusal of the company to pay materniy benefit. Are you ready to take legal action.
With regards
From India, Madras
You are entitled to maternity leave under the Maternity Benefit Act if this Act is applicable to you and to the establishment in which you work. If the Act is not applicable to the establishment in which you work then you cannot claim maternity benefit under the M.B.Act. If you are covered by the ESI Act you cannot claim maternity benefit under this Act. You could give notice of the delivery of the child even after the delivery if the situation is such that you could not have given the notice earlier. As you have not availed any maternity leave prior to the date of delivery you are entitled to 12 weeks maternity benefit. The restriction is that you could not have availed maternity benefit for more than six weeks prior to the date of delivery. What do you really mean by removing your name from the attendance register. Were your services terminated or are you still in the service of the establishment. This information is required for any further assistance/views if you so desire. What you propose to do with the refusal of the company to pay materniy benefit. Are you ready to take legal action.
With regards
From India, Madras
Hi Mr.Harikrishnan,
I work for a engineering consortium -Consultancy,PF has been paid from march'11. Company maintains a register to submit to the PF office. In this my name has been there upto July'11. From august my name is not there. When enquired i have been told that since there no salary paid hence no PF,so my name has been removed from the list and also may be i would not join back to work.My absence from work has been termed as an uninformed leave by HR and hence relieved from services.. Though this has not been informed to me either verbally or in writing.I got to know by chance after joining back.Is this considered as termination??I want to know my rights and eligibility for the paid leave before i take it up with the HR/management.If refused i plan to take legal action. Kindly help me in this regard.Thanks in advance.
From United States, Cambridge
I work for a engineering consortium -Consultancy,PF has been paid from march'11. Company maintains a register to submit to the PF office. In this my name has been there upto July'11. From august my name is not there. When enquired i have been told that since there no salary paid hence no PF,so my name has been removed from the list and also may be i would not join back to work.My absence from work has been termed as an uninformed leave by HR and hence relieved from services.. Though this has not been informed to me either verbally or in writing.I got to know by chance after joining back.Is this considered as termination??I want to know my rights and eligibility for the paid leave before i take it up with the HR/management.If refused i plan to take legal action. Kindly help me in this regard.Thanks in advance.
From United States, Cambridge
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