Hi All,
One of our ex employee who worked with us for only 3 months and then left. She said she can not continue due to her illness & then took her full & final amount without a formal resignation. There was no formal intimation about pregnancy during or while leaving.
Now she has sent letter after 8 months that claiming her maternity benefits.
What can we do since is no more an employee and claiming undue benefits.
Please guide.
From India, Pune
One of our ex employee who worked with us for only 3 months and then left. She said she can not continue due to her illness & then took her full & final amount without a formal resignation. There was no formal intimation about pregnancy during or while leaving.
Now she has sent letter after 8 months that claiming her maternity benefits.
What can we do since is no more an employee and claiming undue benefits.
Please guide.
From India, Pune
Right to payment of maternity benefit--Sec 5 subsection(2) reads as follows;
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 1*[eighty
days] in the twelve months immediately preceding the date of her
expected delivery:
Maternity Benefits Act 1961 is a welfare legislation and intention to look after women.
The one solid fact which can be in your favour is her accepting full and final payment and leaving the organisation.
I hope adequate documentary evidence of her quitting the job is available.
In my opinion the lady is not entitled for Maternity Benefits from what is mentioned by you.
Date of her joining,leaving delivery will be crucial facts.
She is probably been adviced to claim as she has worked more than 80 days in the last twelve months.
Do consult your labour law adviser before sending any reply.
From India, Pune
3131No 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 1*[eighty
days] in the twelve months immediately preceding the date of her
expected delivery:
Maternity Benefits Act 1961 is a welfare legislation and intention to look after women.
The one solid fact which can be in your favour is her accepting full and final payment and leaving the organisation.
I hope adequate documentary evidence of her quitting the job is available.
In my opinion the lady is not entitled for Maternity Benefits from what is mentioned by you.
Date of her joining,leaving delivery will be crucial facts.
She is probably been adviced to claim as she has worked more than 80 days in the last twelve months.
Do consult your labour law adviser before sending any reply.
From India, Pune
Treating her case to be of resignation when she says that she cannot continue, she rendered only 90 days service whereas she should have worked for 180 days in a year and she should have been in continuous service but for maternity leave under section 5(2) of the Maternity Benefit Act. She has thus not complied with two material conditions and is thus not entitled to these benefits.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
It appears in some sites the number days is 180 days but latest amended is 80 days as stated by Mr Nathrao.But still the other condition is not complied with as required see Dr.Sheela v The Principal decided in 2009 by Kerala HC
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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Right to payment of maternity benefits.doc