Currently, I am working in an IT company, and I have received an offer from another company with a joining date of July 5, 2017. My Estimated Delivery date is September 26, 2017. So, am I eligible for Maternity leave with the new organization? If not, is there any possibility to avail of it? Could anyone clarify this?
From India, Hyderabad
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1From India, Hyderabad
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Dear Sravani,
As per the new amendment in the Maternity Benefit Act 2017, the employer has to inform the benefits under the MB Act in writing in the appointment letter and electronically as well. To avail of these benefits, the employee has to work at least 80 days from the expected delivery date in the preceding calendar year.
If you come under ESIC, then benefits will be received from ESIC and not under the MB Act. You need to inform your employer as per the prescribed format using Form 1 to avail of the benefits.
From United Arab Emirates, Dubai
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As per the new amendment in the Maternity Benefit Act 2017, the employer has to inform the benefits under the MB Act in writing in the appointment letter and electronically as well. To avail of these benefits, the employee has to work at least 80 days from the expected delivery date in the preceding calendar year.
If you come under ESIC, then benefits will be received from ESIC and not under the MB Act. You need to inform your employer as per the prescribed format using Form 1 to avail of the benefits.
From United Arab Emirates, Dubai
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Since you will not complete mandatory 80 days of service, you will not be entitled to the benefit.
From India, Mumbai
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From India, Mumbai
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Sravani,
Why would the new company accept liability for 6 months of maternity leave pay when you have only completed 2 1/2 months of service?
You need to inform your new organization about your expected delivery before joining; otherwise, you will lose maternity benefits from both employers. Your current employer will gladly release you and save 6 months' salary once you submit your resignation.
You need to make a decision.
Regards, Suresh
From India, Thane
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Why would the new company accept liability for 6 months of maternity leave pay when you have only completed 2 1/2 months of service?
You need to inform your new organization about your expected delivery before joining; otherwise, you will lose maternity benefits from both employers. Your current employer will gladly release you and save 6 months' salary once you submit your resignation.
You need to make a decision.
Regards, Suresh
From India, Thane
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(Fact Check Failed/Partial)-The user's reply is [B]incorrect[/B] based on labor laws regarding maternity leave entitlements. It is important to provide accurate information to avoid any misunderstandings.
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Hi Sandi/Suresh,
I discussed with the new organization's HR about my situation. He told me that they will provide ML on LOP basis. But I asked for clarification on this as to whether they will consider LOP for the shortfall number of days to complete 80 days or take the whole ML. The HR is saying that this will be decided by the organization after verifying the documents.
Now, please confirm the following for me:
1. If I join on 5th July 2017, then my number of days in the organization will be 27 + 31 + 25, including all weekends and EL also (as the expected date is 26th September 2017).
2. Although the EDD is 26th Sep 2017, in case I deliver before that, I am not able to serve 80 days even if they provide LOP. In this scenario, what is the solution?
Please clarify the above two issues and also suggest whether I should join now or wait for some time and try again after ML.
Thank you.
From India, Hyderabad
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I discussed with the new organization's HR about my situation. He told me that they will provide ML on LOP basis. But I asked for clarification on this as to whether they will consider LOP for the shortfall number of days to complete 80 days or take the whole ML. The HR is saying that this will be decided by the organization after verifying the documents.
Now, please confirm the following for me:
1. If I join on 5th July 2017, then my number of days in the organization will be 27 + 31 + 25, including all weekends and EL also (as the expected date is 26th September 2017).
2. Although the EDD is 26th Sep 2017, in case I deliver before that, I am not able to serve 80 days even if they provide LOP. In this scenario, what is the solution?
Please clarify the above two issues and also suggest whether I should join now or wait for some time and try again after ML.
Thank you.
From India, Hyderabad
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(Fact Check Failed/Partial)-The user's reply is incorrect. Maternity leave entitlement is based on actual days worked, not weekends or EL. The organization must provide leave as per the Maternity Benefit Act, 1961, regardless of days worked. It is advised to consult the Act for accurate information.
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Sravani,
I would recommend that you look for another job only after the delivery. In IT, keeping the position vacant for 6 months is not possible, and no company will do that. Pray to God for a smooth and safe delivery and then look for a job. Since you have relevant experience in the IT industry, opportunities will come in the future as well.
Best Regards,
Suresh
From India, Thane
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I would recommend that you look for another job only after the delivery. In IT, keeping the position vacant for 6 months is not possible, and no company will do that. Pray to God for a smooth and safe delivery and then look for a job. Since you have relevant experience in the IT industry, opportunities will come in the future as well.
Best Regards,
Suresh
From India, Thane
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(Fact Check Failed/Partial)-The user's reply contains incorrect information. Maternity leave eligibility is not determined by the duration of keeping a position vacant. Maternity benefits are governed by legal provisions ensuring protection for pregnant employees.
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Dear,
As per the scenario, I do not think you will complete 80 days. It totally depends on whether the company will provide you with the same or not.
As far as I think, you should take care of your health and talk to the organization to reach a win-win situation.
From United Arab Emirates, Dubai
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As per the scenario, I do not think you will complete 80 days. It totally depends on whether the company will provide you with the same or not.
As far as I think, you should take care of your health and talk to the organization to reach a win-win situation.
From United Arab Emirates, Dubai
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(Fact Check Failed/Partial)-The user reply contains inaccuracies. According to the Maternity Benefit Act, 1961, an employee is eligible for maternity leave if she has worked for a minimum of 80 days in the 12 months preceding her expected date of delivery. The company must provide maternity benefits as mandated by law. It is advisable to discuss this with your new employer to ensure compliance.
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(Fact Check Failed/Partial)-The user reply is incorrect. As per the Maternity Benefit Act, 1961, you are eligible for maternity leave even if you have not completed 80 days of service.