I have joined an autonomous body as asstt director on 07.04.16. I am expecting my second baby on 03.10.16. I had applied for maternity leave on 17.08.16 (planning to avail the leaves from 26.09.16). Before p07.04.16 i was workinh in a PSU bank as senior manager for last six years. On 12.09.16 i had completed 159 days in my current organisation
But our HR department had replied that as per service rules of the organisation (autonomous body ) a woman employee must complete 9 months of employment to get maternity leaves.
as per maternity act a woman can get maternity leaves if she completes 80 days but our HR Deptt decline this.
Please advise whether i m eigible for maternity leaves or not?
From India, Delhi
But our HR department had replied that as per service rules of the organisation (autonomous body ) a woman employee must complete 9 months of employment to get maternity leaves.
as per maternity act a woman can get maternity leaves if she completes 80 days but our HR Deptt decline this.
Please advise whether i m eigible for maternity leaves or not?
From India, Delhi
1. Dear member, you have not disclosed as to what is the name of so called "autonomous body" ? What service rules / labour laws are applicable in said body ? Whether the said body is working under any particular State Govt. or Central Govt.?
2. In addition, it may kindly also be clarified as to in your appointment letter whether there is any mention as to which service rules as well as labour laws will be applicable in respect of your service under said body. There are number of autonomous bodies which are called as Corporations, Boards etc. etc. which are following/have adopted either Central or State Govt. Service/labour law rules or their own rules/regulations approved by the competent authorities as per their enactments..
From India, Noida
9232. In addition, it may kindly also be clarified as to in your appointment letter whether there is any mention as to which service rules as well as labour laws will be applicable in respect of your service under said body. There are number of autonomous bodies which are called as Corporations, Boards etc. etc. which are following/have adopted either Central or State Govt. Service/labour law rules or their own rules/regulations approved by the competent authorities as per their enactments..
From India, Noida
Dear CA.SARIKA,
Autonomous body is not excluded from applicability of Maternity Benefit Act and I don't feel any autonomous body may be having less than 10 employees.
You have HR department. This means you are definitely having more than 10 employees. Therefore Maternity Benefit Act is applicable to your autonomous body and you are entitled to Maternity Benefit as per the said Act. Your autonomous body can not put any condition to qualify for the benefit which may be detrimental to your right.
From India, Mumbai
Autonomous body is not excluded from applicability of Maternity Benefit Act and I don't feel any autonomous body may be having less than 10 employees.
You have HR department. This means you are definitely having more than 10 employees. Therefore Maternity Benefit Act is applicable to your autonomous body and you are entitled to Maternity Benefit as per the said Act. Your autonomous body can not put any condition to qualify for the benefit which may be detrimental to your right.
From India, Mumbai
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc