Hi, I have joined PwC on a contract basis on 1/6/2016, and my employer is SISL, who has given me an offer of acceptance letter with no terms and conditions mentioned regarding the leave policy, notice period, maternity benefits, etc. They keep renewing their contract with no intimation to me. Currently, my contract is valid until Dec '16. Now I'm four months pregnant and will be due in Oct '16. The maternity policy for PwC is six months of paid leave, while I don't know the policy of SISL. My questions are as follows:
1. Am I eligible for maternity benefits if they have only provided me an offer letter and not an appointment letter?
2. Can they terminate my contract during my leave absence after Dec '16?
3. Whose leave policy will apply to me: my employer SISL or principal employer PwC?
4. If they terminate me before my leave starts, will I still be eligible for benefits?
5. What legal obligations fall upon both employers in such a situation?
Thanks for your help.
From India, Gurgaon
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1. Am I eligible for maternity benefits if they have only provided me an offer letter and not an appointment letter?
2. Can they terminate my contract during my leave absence after Dec '16?
3. Whose leave policy will apply to me: my employer SISL or principal employer PwC?
4. If they terminate me before my leave starts, will I still be eligible for benefits?
5. What legal obligations fall upon both employers in such a situation?
Thanks for your help.
From India, Gurgaon
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1. Dear member, I think it would be better if you could clarify what PWC and SISL are. Are these public sector units or private organizations/factories?
2. Before joining your duties or even at present, you could have inquired from your employer about your eligibility and entitlement to benefits under various labor laws. I believe that without providing all the relevant facts, it is difficult for any member, like myself, to express an opinion on the matter.
From India, Noida
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9442. Before joining your duties or even at present, you could have inquired from your employer about your eligibility and entitlement to benefits under various labor laws. I believe that without providing all the relevant facts, it is difficult for any member, like myself, to express an opinion on the matter.
From India, Noida
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Since June 1st has not yet come, I assume you joined on January 6th, 2016. So, you have worked for more than 80 days in the company; therefore, the Maternity Benefit Act applies. You will be eligible for 12 weeks of paid leave, out of which at least 6 weeks need to be taken after delivery. They cannot terminate you during pregnancy except for performance issues (specifically not connected to pregnancy - the law allows you to request easier work during pregnancy) or misconduct. Yes, they can terminate you after your pregnancy provided the full maternity benefit has been claimed/paid. The direct employer is liable to provide you with maternity benefits. However, if he does not provide them, the principal employer PWC is liable to do so. If you are covered under ESIC, then ESIC will pay the maternity benefits.
From India, Mumbai
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From India, Mumbai
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These are based on Philippine DOLE Law.
1. Am I Eligible For Maternity Benefits If They Have Only Provided Me an Offer Letter And Not an Appointment Letter?
Ans: If you qualify with subsequent 6-months SSS contributions paid by your employer prior to the date of reporting maternity claims, then you are eligible. Ensure that your SSS contributions are intact.
2. Can They Terminate My Contract During My Leave Absence After Dec '16?
Ans: Yes, they can.
3. Whose Leave Policy Will Apply To Me? My Employer SISL Or Principal Employer PWC?
Ans: Your employer's policy will apply. (Employer-Employee Policy)
4. If They Terminate Me Before My Leave Starts, Will I Still Be Eligible For Benefits?
Ans: Termination before the leave starts may depend on performance failure, while eligibility may vary based on your contributions.
5. What Legal Obligations Fall Upon Both Employers In Such A Situation?
Ans: The principal obligation falls on your employer only (as the service provider), and the employer's obligation falls on you only (as per the employer-employee policy).
Thanks For Your Help.
From Philippines, Cagayan de Oro
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1. Am I Eligible For Maternity Benefits If They Have Only Provided Me an Offer Letter And Not an Appointment Letter?
Ans: If you qualify with subsequent 6-months SSS contributions paid by your employer prior to the date of reporting maternity claims, then you are eligible. Ensure that your SSS contributions are intact.
2. Can They Terminate My Contract During My Leave Absence After Dec '16?
Ans: Yes, they can.
3. Whose Leave Policy Will Apply To Me? My Employer SISL Or Principal Employer PWC?
Ans: Your employer's policy will apply. (Employer-Employee Policy)
4. If They Terminate Me Before My Leave Starts, Will I Still Be Eligible For Benefits?
Ans: Termination before the leave starts may depend on performance failure, while eligibility may vary based on your contributions.
5. What Legal Obligations Fall Upon Both Employers In Such A Situation?
Ans: The principal obligation falls on your employer only (as the service provider), and the employer's obligation falls on you only (as per the employer-employee policy).
Thanks For Your Help.
From Philippines, Cagayan de Oro
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Yes, in the given facts, you are eligible for maternity benefits. The provisions in this regard are welfare measures and hence require to be construed liberally.
From India, Kochi
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From India, Kochi
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Govt. has extended maternity leave form 90 days to 180 days.DPE has issued guidelines regarding this.
From India, Pune
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From India, Pune
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No, the government has not changed the Maternity Benefit Act. It is just that they have given extra benefits for the public sector voluntarily, beyond the requirements of the Maternity Benefit Act. DPE stands for the Department of Public Enterprises. Their circular does not apply to PWC, which is a private enterprise (CA firm).
From India, Mumbai
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From India, Mumbai
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Sir, the online link to the proposals in the Maternity Benefit Act, 1961, as published in the Economic Times, is mentioned below for the kind information of members of this forum:
[Women may get maternity leave for 26 weeks; Bandaru Dattatreya may table bill today - The Economic Times](http://economictimes.indiatimes.com/jobs/women-may-get-maternity-leave-for-26-weeks-bandaru-dattatreya-may-table-bill-today/articleshow/53607187.cms)
From India, Noida
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[Women may get maternity leave for 26 weeks; Bandaru Dattatreya may table bill today - The Economic Times](http://economictimes.indiatimes.com/jobs/women-may-get-maternity-leave-for-26-weeks-bandaru-dattatreya-may-table-bill-today/articleshow/53607187.cms)
From India, Noida
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Dear Sanjana,
Maternity benefits are a right for female employees guaranteed under the law of the land and are not subject to any policy restrictions of any company. You are eligible for the maximum benefits prescribed under the law, whether you are a permanent or a temporary employee. They cannot terminate any employment contract during maternity leave. It is also illegal for them to terminate your contract during an ongoing pregnancy period. To be on the safe side, communicate with your company via email about your pregnancy and maternity leave.
If SISL does not provide you with maternity benefits as prescribed under the law, then PWC will be required to step in and absolve themselves from the liability created upon itself under the law of Tort.
Thank you,
A&B
From India, Ahmedabad
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Maternity benefits are a right for female employees guaranteed under the law of the land and are not subject to any policy restrictions of any company. You are eligible for the maximum benefits prescribed under the law, whether you are a permanent or a temporary employee. They cannot terminate any employment contract during maternity leave. It is also illegal for them to terminate your contract during an ongoing pregnancy period. To be on the safe side, communicate with your company via email about your pregnancy and maternity leave.
If SISL does not provide you with maternity benefits as prescribed under the law, then PWC will be required to step in and absolve themselves from the liability created upon itself under the law of Tort.
Thank you,
A&B
From India, Ahmedabad
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If you have 80 days of attendance with your employer (SISL) within the period of 12 months just before your expected date of delivery, your employer is obliged to pay you maternity benefits. Please refer to section 5 of the maternity benefit policy. Currently, maternity benefit is for 24 weeks.
From India, Kolkata
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From India, Kolkata
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