Hi all,
Please let me know if an employee is eligible for maternity benefits in the below-mentioned scenario: If an employee is on maternity leave and the baby is stillborn, but the employer has provided all the maternity benefits to the employee. The employee rejoins the company after completing the maternity break, conceives again, and is pregnant upon rejoining the company, which the employer discovers after some time.
So, will the employee be eligible for maternity benefits again?
From India, Bangalore
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1Please let me know if an employee is eligible for maternity benefits in the below-mentioned scenario: If an employee is on maternity leave and the baby is stillborn, but the employer has provided all the maternity benefits to the employee. The employee rejoins the company after completing the maternity break, conceives again, and is pregnant upon rejoining the company, which the employer discovers after some time.
So, will the employee be eligible for maternity benefits again?
From India, Bangalore
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Dear member,
Please confirm whether the female employee is covered under the Maternity Benefit Act or under ESI Act, 1948. If covered under the Maternity Benefit Act, 1961, the said female employee will be entitled to maternity benefits only if she had actually worked in the establishment of the employer for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery (Section 5(2) of said Act).
Therefore, in my opinion, after her rejoining the employment, her entitlement for another spell of maternity benefit will be examined afresh in view of the provisions of the said Act as mentioned above.
From India, Noida
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Please confirm whether the female employee is covered under the Maternity Benefit Act or under ESI Act, 1948. If covered under the Maternity Benefit Act, 1961, the said female employee will be entitled to maternity benefits only if she had actually worked in the establishment of the employer for a period not less than eighty days in the twelve months immediately preceding the date of her expected delivery (Section 5(2) of said Act).
Therefore, in my opinion, after her rejoining the employment, her entitlement for another spell of maternity benefit will be examined afresh in view of the provisions of the said Act as mentioned above.
From India, Noida
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Since the Act is silent about the number of times the benefits are available to employees, she is entitled to maternity benefits even if she enjoyed the full benefits earlier. The only condition is that preceding the expected date of delivery, she should have worked for at least 80 days, which includes all paid leaves, holidays, and even the maternity leaves already availed. It is quite certain that she would meet the qualifying attendance requirement this time as well and be eligible to take maternity leave again.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Dear Sir,
Please let me know the maternity law applicable to a Shop and Establishment firm. We are a dealer of one of the international manufacturing firms and come under the Shop and Establishment Act, not under the Factory Act.
If my female employee asks for maternity leave and expenses at the time of maternity, how many days of leave is she entitled to and what expenses will she receive?
Jayant Nisal
Email: nisaljayant@yahoo.com
Phone: 7875757963
From India, Pune
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Please let me know the maternity law applicable to a Shop and Establishment firm. We are a dealer of one of the international manufacturing firms and come under the Shop and Establishment Act, not under the Factory Act.
If my female employee asks for maternity leave and expenses at the time of maternity, how many days of leave is she entitled to and what expenses will she receive?
Jayant Nisal
Email: nisaljayant@yahoo.com
Phone: 7875757963
From India, Pune
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The Maternity Benefit Act is applicable to shops and commercial establishments. It has a wider scope that includes employees in hospitals, schools, etc. Therefore, whatever benefits, such as 84 days of paid leave and a medical bonus of Rs 3500, are available to female employees under the said Act, are also payable to your female employees. However, the employer is under no obligation to provide these benefits to employees who are covered by and receiving ESI benefits.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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The query has been addressed very well. Mr. Madhu has explained in totality. Fully agreed with members.
From India, Chandigarh
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From India, Chandigarh
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AS per the Maternity act 1961 maternity benefit can be given for 2 issues
From India, Hyderabad
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From India, Hyderabad
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No Dillewsari, The Act do not put any such limit. Varghese Mathew 09961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Hi,
We are entitled to 37 days of leave per year, which includes earned leave, casual leave, and sick leave. Female employees have the right to take up to 12 weeks of paid maternity leave. In the unfortunate event of a miscarriage, she is eligible for 6 weeks of paid leave. My question is whether these leaves are part of the 37 days already allocated to every employee or if they are additional to the 37 days.
Kind regards,
Aavni Tandon
From India, Delhi
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We are entitled to 37 days of leave per year, which includes earned leave, casual leave, and sick leave. Female employees have the right to take up to 12 weeks of paid maternity leave. In the unfortunate event of a miscarriage, she is eligible for 6 weeks of paid leave. My question is whether these leaves are part of the 37 days already allocated to every employee or if they are additional to the 37 days.
Kind regards,
Aavni Tandon
From India, Delhi
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