Maternity Benefits, when it is applicable and when not.
Querist :
Anonymous
(Querist) 27 May 2018
This query is : Resolved
Hi All,
My wife is working in Pvt Ltd firm, having total 11 members , out which 9 are permanent working employees and 2 of them are directors.
When she asked for maternity benefits , there CA refuse that, stating the reason for maternity benefits there should be at least 10 permanent working employees at that time excluding directors of the company.
Can someone please confirm is this is correct statement in terms of maternity benefits and is there any way to challenge them
Thanks
Ms.Usha Kapoor
(Expert) 28 May 2018
Your Boss is not right. Whether permanent or temporary or contractual employees every woman entitled to maternity benefit.Click the following link for further information on this issue.
http://www.livelaw.in/temprorary-ad-hoc-contract-staff-also-entitled-maternity-leave-cat-read-order/
P. Venu
(Expert) 28 May 2018
Are the Directors working full time?
R.Ramachandran
(Expert) 30 May 2018
@Ms.Usha Kapoor: As usual, you have given answer without even understanding the crux of the matter. The question is whether the Organization is having the requisite minimum number of employees for the Maternity Benefit Act to apply. In this context, whether the two Directors have to be treated as Employees or not. If they are not counted as employees, then the Act will have no application.
Instead of understanding this finer point in the query, you have dished out something which has no relevance or use to the query!
Mr. Venu has asked the pertinent question.
Querist :
Anonymous
(Querist) 30 May 2018
@P.Venu- Yes directors are working Full time
Ms.Usha Kapoor
(Expert) 31 May 2018
I stick to my previous opinion. as above.
Querist :
Anonymous
(Querist) 31 May 2018
Thanks Usha Ji, but I think there is catch which iam trying to identified, minimum number of employee Should be 10 excluding directors and what condition those can be counted as employee of the company to get maternity benefits..
Ms.Usha Kapoor
(Expert) 02 June 2018
If possible she should be given an opportunity TO WORK FROM HO)ME WHICH DEPENDS ON NATURE OF WORK. Or tell her to get sanction of Women and child welfare department f0r maternity leave with pay.Till she resumes duty let the owner/Boss appoint some other person to cover the loss.till she resumes. But at any cost she should be given maternity leave. with pay.
Guest
(Expert) 02 June 2018
Understanding the query only after sticking to her earlier wrong advice is not understood. By that what does she exactly want to convey, whether feel sorry for her wrong advice or still sticks to her wrong advice?
Guest
(Expert) 02 June 2018
Understanding the query only after sticking to her earlier wrong advice is not understood. By that what does she exactly want to convey, whether feel sorry for her wrong advice or still sticks to her wrong advice?
Guest
(Expert) 02 June 2018
Understanding the query only after sticking to her earlier wrong advice is not understood. By that what does she exactly want to convey, whether feel sorry for her wrong advice or still sticks to her wrong advice?
Guest
(Expert) 02 June 2018
Understanding the query only after sticking to her earlier wrong advice is not understood. By that what does she exactly want to convey, whether feel sorry for her wrong advice or still sticks to her wrong advice?
Guest
(Expert) 02 June 2018
Understanding the query only after sticking to her earlier wrong advice is not understood. By that what does she exactly want to convey, whether feel sorry for her wrong advice or still sticks to her wrong advice?
Ms.Usha Kapoor
(Expert) 02 June 2018
If possible she should be given an opportunity TO WORK FROM HO)ME WHICH DEPENDS ON NATURE OF WORK. Or tell her to get sanction of Women and child welfare department f0r maternity leave with pay.Till she resumes duty let the owner/Boss appoint some other person to cover the loss.till she resumes. But at any cost she should be given maternity leave. with pay.
