maternity leave
remya
(Querist) 09 November 2010
This query is : Resolved
Respected Sir,
i am permanent employees in indiranagar club it is registered under societies i think as per maternity benefit act 1961 (who has worked during the period of three calender months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher)i am taken leave from 26th april-2010 in that time i don't have Esi faclities in that time my salary is above 10000/-so Esi is not applicable so i am eligible for maternity benefit but what is the problem means on 1st may2010 the esi salary limit is increased to 15000/-.so i am in confusion now i will get the maternity benefit or not please help me with supporting documents
Thanking you,
Remya
Guest
(Expert) 09 November 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100, 9271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
REGARDING THE MATERNITY LEAVE AND SALARY KINDLY NOTE THAT
1.YOU MAY KINDLY REFER YOUR JOB OFFER AND APPOINTMENT LETTER FOR SERVICE TERMS AND CONDITIONS AND ALSO YOUR SERVICE REGULATIONS.
2.YOU MAY ALSO INFORM WHETHER YOU ARE PERMANENT EMPLOYEE OF THE SAID ORGANISATION.
3.KINDLY NOTE THAT AS FAR AS GOVT.ORGANISATIONS AND OFFICES ARE CONCERNED THEY HAVE WELL DRAFTED SERVICE REGULATIONS AND IN CASE OF DISPUTE APPLICATION CAN BE FILED IN ADMINISTRATIVE TRIBUNAL .
4.BUT IN CASE OF PRIVATE EMPLOYERS YOU MAY CAREFULLY REFER YOUR JOB OFFER AND APPOINTMENT LETTER FOR TERMS ND CONDITIONS AND FACILITIES AVAILABLE TO EMPLOYEES.
YOU WILL GET YOUR ANSWER.
5 BUT KINDLY NOTE THAT REPUTED PRIVATE ORGANISATIONS CAREFULLY FOLLOW THE SERVICE REGULATIONS AND KEEP THEIR EMPLOYEES HAPPY SO THAT THEY GET GOOD RESULTS AND OUTPUT FROM THE EMPLOYEES.
6 BUT SMALL SIZE PRIVATE ORGANISATIONS USE COST CUTING AND ILLEGAL PRACTICES TO CUT SALARY AND ALLOWANCES OF EMPLOYEES TO REDUCE COST AND EXPENSES.
7.BUT KINDLY NOTE THAT MATERNITY LEAVE IS A PAID LEAVE YOU ARE ENTITLED FOR FULL SALARY FOR THE SAID PERIOD DEPENDING UP ON SERVICE REGULATIONS.
8KINDLY NOTE THAT GOVT EMPLOYEES GET MATERNITY LEAVE BENEFITS UP TO TWO TIMES FOR DELIVERY OF FEMALE EMPLOYEES.
9 RECENT SC JUDGEMENT IS REMARKABLE AS FEMALE EMPLOYEES WAS ALLOED MATERNITY BENEFIT FOR SECOND TIME THOUGH SHE HAD DELIVERED TWINS AT THE TIME OF FIRST DELIVERY, STILL SECOND DELIVERY MATERNITY BENIFITS WERE GRANTED TO HER DEPENDING UP ON SECOND TIME DELIVERY AND NOT DEPENDING ON NUMBER OF CHILDREN.PLEASE NOTE.
THIS IS A VERY VAST TOPIC AND HENCE IN BRIEF I HAVE EXPLAINED THE LAW POINTS PLEASE NOTE.
YOU MAY KINDLY WRITE AND SEND DETAILS FOR ANY FURTHER HELP. GOOD LUCK.
7
RAVI B SHAH
(Expert) 10 November 2010
Thanks for providing a very useful information in a very easy and sort way.
Pushpa Rawat
(Expert) 11 November 2010
Dear Remya,
Whichever law was applicable at the time you had taken Maternity benefit, you will be entitled for benefits under that act only. In your case, Its purely Maternity Benefit Act.
You could have availed Maternity benefit under ESIC if this act would have enacted before you avaialed this benefit under MBA.
Alos if you avail this act under one act, you can not avail the same in different act. Like you have availed MB under MBA hence the MB under ESIC will not be given to you.
And you should get the entire salary for the period you are availing(6 weeks before delivery and 6 weeks after delivery) MB under MBA.
The lock in period for you to avail MB under MBA is 120 days in last 12 preceding months. As you said you are a permanent employee, I am assuming you have completed 120 days in the organization.
Regards,
Pushpa
Jacob Pratap
(Expert) 13 November 2010
Dear Remya,
Your problem is solved by Section 5A and 5B of the Maternity Benefit Act, 1961 which reads as under:-
5A. Continuance of payment of maternity benefit in certain cases.-
Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.
5B. Payment of maternity benefit in certain cases.-
Every woman--
(a) who is employed in a factory or other establishment to which the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause (b) of clause (9) of section 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of section 5,
shall be entitled to the payment of maternity benefit under this Act.
Best wishes
Jacob Pratap
