Ann (NA) 15 January 2014

Private school teacher - maternity

I am teacher in private school ( I guess it is unaided school) in Bangalore for 2 years.

It seems private schools doesnt come under labour laws so teachers are not eligible for materneity benefits.

Please suggest if I am eligible for maternity Benefit.

if yes, there is any judgement to rely on for confirmation and informing HR for it.

Reply Follow

1 Replies

Kumar Doab (FIN) 15 January 2014

>> You have posted that :

----“It seems private schools doesnt come under labour laws...........”

Who has stated it to you?

----“if yes, there is any judgement to rely on for confirmation and informing HR for it.”

Instead you may demand from HR that he/she should supply to you the notification vide which the school has been exempted from the Act and you have been excluded from the list of eligible employees.

If you have worked for 80 days in the preceding 12 months, you should be eligible for getting maternity benefit.

>> You may submit the intimation of pregnancy and expected date of delivery to appointing authority, Chairman along with copy of the Doctor’s Certificate Rx showing expected date of delivery and notice for Payment of Maternity Benefit and stating that your maternity benefit and any other amount to which you are entitled under this Act may be paid to you or to such person as you may nominate in the notice.......................

Employer has to provide

.-- The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance to the woman on production of proof that the woman is pregnant .............................................and the amount due for the subsequent period shall be paid to the woman within 48 hours of production of proof that the woman has been delivered of a child. {Section 6}

----A woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of 3500 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit. {Section 8 & Rule 5}

----A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}

----A pregnant woman can also request her employer not to give her any work which is of an arduous nature or which involves long hours of standing, etc. during the period of one month immediately preceding the period of six weeks, before the date of her expected delivery or any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence, under the Act. On such a request being made by her, the employer shall not give her such work during such period. {Section 4}

>> You may go thru

---MATERNITY BENEFIT ACT, 1961

(No. 53 of 1961)

1. Short title, extend and commencement:

(3) It shall come into force on such date as may be notified in this behalf in the Official Gazette, --

(b) in relation to other establishments in s State, by the State Government.

2. Application of Act. (1) It applies in the first instance, to every establishment..............

{ The Act does not apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act apply. {Section 2}}

3. Definitions. -- In this Act, unless the context otherwise requires, --

(a) “appropriate Government” means in relation to an establishment ..............

an establishment where persons are employed ....................., the Central Government and in relation to any

other establishment, the State Government;