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Megha   21 May 2016

Help required

I have joined a new organization on 11th Jan 2016. After joining in this place by March 16 I conceived. I have told my HR about the same. After few days he came up saying that I am not eligible for maternity benefit as I have not completed a year in the organization.

He later also informed that I can work here how much ever time I can manage or the management may request me to put down my papers.

I need your help. What can I do



Learning

 9 Replies

Kumar Doab (FIN)     21 May 2016

Inform pregnancy in writing under proper acknowledgment, and attach Rx of Dr. showing expected date of delivery.

Record (audio/visual/witnessed/minuted)  threats of demand of resignation.

Mark attendance and downlaod proof of everything.

There are many threads on maternity Benfit at LCI that you can searh in Search Option on left hand side and become properly informed.

 

If there is a offer of 'Working from Home', Choice timings, accept but minute everything in writing.

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 May 2016

Women employees now have reasons to celebrate as the Women and Child Development Minister Maneka Gandhi has proposed for the extension of maternity leave to eight months from the current 3 months.
The ministry has also urged the labour ministry that the maternity benefit provisions should be extended to all working women both in organized and unorganized sector,

You can give complaint to the labour ministry if you get any injustice.

Kumar Doab (FIN)     21 May 2016

You are not properly informed and the HR personnel is misleading.

Still remain amiable and gentle but document proeprly under proper acknwoledgment and build irrefutable record.

 

It is 80 days and not 1 year........................."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."

 

The Act and excerpts should be displayed at a conspicious place in establishment.

 

Maternity Benefit Act  1961: 2,3,25,27,28

 

 

There are many threads on maternity Benfit at LCI that you can searh in Search Option on left hand side and become properly informed.

https://www.lawyersclubindia.com/forum/Violation-of-maternity-leave-rules-136183.asp

 

https://www.lawyersclubindia.com/forum/Pregnant-woman-forced-to-resign-134119.asp

 

https://www.lawyersclubindia.com/forum/180-days-maternity-leave-for-women-working-in-private-sector-102343.asp#.Vx1rmtQrLIU

 

 

 

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.Vy3V49J97IU

https://www.lawyersclubindia.com/forum/180-days-maternity-leave-for-women-working-in-private-sector-102343.asp#.Vy3V59J97IU

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.Vy3V_tJ97IU

 

https://www.lawyersclubindia.com/forum/Salary-not-received-no-compensation-while-maternity-leave-136783.asp

 

 

Kumar Doab (FIN)     21 May 2016

https://www.lawyersclubindia.com/forum/Pregnant-woman-forced-to-resign-134119.asp

Sudhir Kumar, Advocate (Advocate)     22 May 2016

well advised            

P. Venu (Advocate)     22 May 2016

The eligibiltiy for maternity benfits with reference to the date of expected delivery and date when conceived. The HR (?) is misleading?

Kumar Doab (FIN)     22 May 2016

What exactly it stands for:

"The HR (?) is misleading?"

 

Kumar Doab (FIN)     22 May 2016

@ Megha,

 

The following lines from your post:

 

"He later also informed that I can work here how much ever time I can manage or the management may request me to put down my papers."

 

It has already been posted that:

 

"Record (audio/visual/witnessed/minuted)  threats of demand of resignation."

 

Once you have irrefutable record, come back and confirm! 

 

 

T. Kalaiselvan, Advocate (Advocate)     27 May 2016

You may follow the advises rendered by expert Mr. Kumar Doab which is more suitable.


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