I have joined a private company on 8th Jan 2019, and I am now 4 months pregnant (got pregnant in the month of Jan itself). Also, I am a confirmed employee now. My date of delivery as given by the Doctor is 21st Oct'19. My question is, am I eligible for maternity benefits? Is there any necessity for me to work with an organization for 12 months before availing Maternity benefits? Please tell me clearly. Am I eligible or not?
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To be eligible under the Maternity Benefit Act, you need to have actually worked for 80 days in the previous 12 months from your expected date of delivery. I believe you are eligible; please count the number of days you worked from October 2019.
From India, Kolkata
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From India, Kolkata
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Same query from the same author has come as three or four threads. I have given my interpretation of the law in one of the threads. If interested, please follow the link.
https://www.citehr.com/611592-termin...ml#post2424459
Pradipta Nath, please put your thoughts on "12 months preceding the expected date of delivery".
Madhu T K
From India, Kannur
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https://www.citehr.com/611592-termin...ml#post2424459
Pradipta Nath, please put your thoughts on "12 months preceding the expected date of delivery".
Madhu T K
From India, Kannur
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"12 months preceding the expected date of delivery"
My Thoughts:
1. The expected date of delivery means the date certified by the doctor.
2. Months may mean 30 days or 31 days.
3. The counting of 12 months will start from when the beneficiary is expected to deliver. In this case, the count of 12 months will begin from September 2019.
4. 12 months does not mean completing 12 months of service or employment.
5. The test is: "Whether the employee has actually worked 80 days in the preceding 12 months from her expected date of delivery or not?" If yes, she is entitled to maternity benefits; if not, she is not entitled.
Please let me know if you need further assistance or clarification.
From India, Kolkata
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My Thoughts:
1. The expected date of delivery means the date certified by the doctor.
2. Months may mean 30 days or 31 days.
3. The counting of 12 months will start from when the beneficiary is expected to deliver. In this case, the count of 12 months will begin from September 2019.
4. 12 months does not mean completing 12 months of service or employment.
5. The test is: "Whether the employee has actually worked 80 days in the preceding 12 months from her expected date of delivery or not?" If yes, she is entitled to maternity benefits; if not, she is not entitled.
Please let me know if you need further assistance or clarification.
From India, Kolkata
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Sorry, it is not clear. It is undeniable that she should have worked for 80 days, and these 80 days are inclusive of all paid holidays, leave days, and layoff days. However, is she eligible if she has joined only 80 days before the childbirth? Is she eligible solely by meeting the requirement of 80 days of attendance? This is the question. I have previously raised the same question, but unfortunately, I did not receive a clarification. Therefore, please provide some court verdicts that demonstrate a woman who joined some time within three months before could receive maternity benefits.
From India, Kannur
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From India, Kannur
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Respected Ma’am, As per MB act you eligible for Maternity benefit please talk to your HR departmrnt for the same. Regards GovinD
From India, Delhi
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From India, Delhi
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Dear Madhu Sir,
Your assertions are very justifiable to post doubt on the employees' objective, but whatever the fact cannot be denied that she has actually worked for 80 days in the preceding 12 months from the expected date of delivery. This is where the recruitment department's responsibility lies!
The trend of the courts in interpreting the welfare provisions is that wherever there are two interpretations coming, the interpretation which advances benefits to the employee must be taken. There are many judgments in this regard.
Any doubt on the intention of the employee not substantiated with evidence is not just enough to result in deprivation; at most, the employee will face disciplinary action or termination from service. However, termination from service has been precluded during pregnancy.
Even if the employee is not eligible, the forfeiture has to go through the provisions only.
From India, Kolkata
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Your assertions are very justifiable to post doubt on the employees' objective, but whatever the fact cannot be denied that she has actually worked for 80 days in the preceding 12 months from the expected date of delivery. This is where the recruitment department's responsibility lies!
The trend of the courts in interpreting the welfare provisions is that wherever there are two interpretations coming, the interpretation which advances benefits to the employee must be taken. There are many judgments in this regard.
Any doubt on the intention of the employee not substantiated with evidence is not just enough to result in deprivation; at most, the employee will face disciplinary action or termination from service. However, termination from service has been precluded during pregnancy.
Even if the employee is not eligible, the forfeiture has to go through the provisions only.
From India, Kolkata
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I understand that it is meant for the welfare of employees only. My question is just on the words "12 months". If the objective of the Act is just to give benefits to employees who have worked for 80 days (previously it was 160 days), then it could be simply said without any qualifying words of 12 months. I have searched a lot for a judgment on this but I could not get it. That is why I am repeating the same. In respect of ESI covered employees, there is a contributory condition of 70 days (as against 80 days) in two contribution periods.
From India, Kannur
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From India, Kannur
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Creche under Maternity Benefit Act.pdf