I have joined a private organization on September 8, 2017. I completed my 6-month probation on March 8, 2018, but I didn't receive a confirmation letter. My due date is June 1, 2018. I am planning to take maternity leave from the third week of May. Am I eligible to avail maternity leave?
From India, Chennai
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From India, Chennai
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Dear member,
You have not indicated whether you want to avail maternity benefits under the Maternity Benefit Act, 1961 (if not covered under the ESI Act, 1948) or under the ESI Act, 1948 (if covered).
Eligibility to claim maternity benefits does not depend on whether a female employee is under probation, temporary, or not confirmed. Under the MBA, 1961, it depends on the period of service rendered in a covered organization, and under the ESI Act, 1948, eligibility depends on contributions paid for a minimum number of days as mentioned in the respective Acts.
From India, Noida
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965You have not indicated whether you want to avail maternity benefits under the Maternity Benefit Act, 1961 (if not covered under the ESI Act, 1948) or under the ESI Act, 1948 (if covered).
Eligibility to claim maternity benefits does not depend on whether a female employee is under probation, temporary, or not confirmed. Under the MBA, 1961, it depends on the period of service rendered in a covered organization, and under the ESI Act, 1948, eligibility depends on contributions paid for a minimum number of days as mentioned in the respective Acts.
From India, Noida
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Sir, I have informed about my maternity plan, but the HR people are saying that as I have joined the organization recently, 6 months and taking maternity leave will be difficult. I wanted to know if I am eligible to take maternity leave in May. So that I can explain to them and apply for the leave. Kindly guide me here.
From India, Chennai
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From India, Chennai
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Dear Queriest,
Please refer to Section 5(2) of the Maternity Benefit Act 1961, which is provided verbatim below:
"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 eighty days in the twelve months immediately preceding the date of her expected delivery."
In your case, you joined your organization on 08.09.2017, and your expected date of delivery is 01.06.2018. It appears that you have not been chronically absent, and you must have worked for more than 80 days. Therefore, you are entitled to maternity benefits under the Act. Being on probation is not a criterion for denying you the benefit.
Your employer or HR department may not be aware of the provisions of the law.
From India, Mumbai
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Please refer to Section 5(2) of the Maternity Benefit Act 1961, which is provided verbatim below:
"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 eighty days in the twelve months immediately preceding the date of her expected delivery."
In your case, you joined your organization on 08.09.2017, and your expected date of delivery is 01.06.2018. It appears that you have not been chronically absent, and you must have worked for more than 80 days. Therefore, you are entitled to maternity benefits under the Act. Being on probation is not a criterion for denying you the benefit.
Your employer or HR department may not be aware of the provisions of the law.
From India, Mumbai
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Can I avail 100% wages during my maternity leave or they will give only basic salary??
From India, Chennai
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From India, Chennai
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Dear Inquirer,
Section 5, which deals with the right to payment of Maternity Benefit (MB), states that a woman is entitled to MB at the rate of the average daily wage. Section 2(n) defines wages as all remuneration paid monthly.
I hope you will find the correct answer in the sections mentioned above.
Thank you.
From India, Mumbai
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Section 5, which deals with the right to payment of Maternity Benefit (MB), states that a woman is entitled to MB at the rate of the average daily wage. Section 2(n) defines wages as all remuneration paid monthly.
I hope you will find the correct answer in the sections mentioned above.
Thank you.
From India, Mumbai
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Dear Friends,
A woman is entitled to maternity benefits if she works for 80 days in the 12 months immediately preceding the date of delivery, as I mentioned earlier. These 80 days can be completed within 3 months. However, there is a requirement of 80 days within a 12-month period.
In my understanding, one needs to complete one year and work for 80 days within that year. Is this correct? This is my interpretation. Can anyone provide more clarity on this?
Thank you.
From India, Mumbai
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A woman is entitled to maternity benefits if she works for 80 days in the 12 months immediately preceding the date of delivery, as I mentioned earlier. These 80 days can be completed within 3 months. However, there is a requirement of 80 days within a 12-month period.
In my understanding, one needs to complete one year and work for 80 days within that year. Is this correct? This is my interpretation. Can anyone provide more clarity on this?
Thank you.
From India, Mumbai
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Thank you, Mr. Korgaonkar, for drawing my attention to the thread. At the same time, I am also very sorry for my inordinately delayed response.
Well, your interpretation of sec. 5(2) of the Maternity Benefit Act, 1961 seems to be based on two presuppositions, namely, (1) subsisting employment of the woman in the same establishment for a period of 12 months immediately preceding the date of her expected delivery and (2) rendering a qualifying service of not less than 80 days in the 12 months of her employment in the establishment.
Sorry, I beg to differ with your above interpretation. The entitlement to maternity benefit under the Act has to be reckoned from the date of expected delivery only. It is actually a calculation in backward stride, and for that purpose, the Statute furnishes a unit of measure of a 12-month period preceding the date of expected delivery and imposes 80 actually worked days as qualifying service within that unit of measure for the entitlement of maternity benefit. As you rightly observed, 80 days can be completed even at a stretch during 3 months of one's employment in the same establishment; even it can be of broken spells due to the reasons mentioned in the explanation to the sub-section. Logically, therefore, the emphasis is on the completion of the qualifying service of 80 days, may be at a stretch or otherwise, immediately preceding the date of expected delivery and not on the unit of measure of 12 months. It is immaterial whether the claimant happens to be in the employment of the establishment for the entire 12 months preceding the date of her expected delivery.
My interpretation is based on the ratio decidendi of the Supreme Court in Ramakrishna Ramnath v. Labor Court [1970 LLJ (2) 306] and Surendrakumar Verma v. C.G.I.T-cum-Labor Court, New Delhi [1981(1) LLJ 386] on continuous service u/s 25B of the I.D Act, 1947.
From India, Salem
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Well, your interpretation of sec. 5(2) of the Maternity Benefit Act, 1961 seems to be based on two presuppositions, namely, (1) subsisting employment of the woman in the same establishment for a period of 12 months immediately preceding the date of her expected delivery and (2) rendering a qualifying service of not less than 80 days in the 12 months of her employment in the establishment.
Sorry, I beg to differ with your above interpretation. The entitlement to maternity benefit under the Act has to be reckoned from the date of expected delivery only. It is actually a calculation in backward stride, and for that purpose, the Statute furnishes a unit of measure of a 12-month period preceding the date of expected delivery and imposes 80 actually worked days as qualifying service within that unit of measure for the entitlement of maternity benefit. As you rightly observed, 80 days can be completed even at a stretch during 3 months of one's employment in the same establishment; even it can be of broken spells due to the reasons mentioned in the explanation to the sub-section. Logically, therefore, the emphasis is on the completion of the qualifying service of 80 days, may be at a stretch or otherwise, immediately preceding the date of expected delivery and not on the unit of measure of 12 months. It is immaterial whether the claimant happens to be in the employment of the establishment for the entire 12 months preceding the date of her expected delivery.
My interpretation is based on the ratio decidendi of the Supreme Court in Ramakrishna Ramnath v. Labor Court [1970 LLJ (2) 306] and Surendrakumar Verma v. C.G.I.T-cum-Labor Court, New Delhi [1981(1) LLJ 386] on continuous service u/s 25B of the I.D Act, 1947.
From India, Salem
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