Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Maternity Benefits

(Querist) 16 February 2008 This query is : Resolved 
Hi Seniors,

I want to know whether, Applicability of Maternity benefits to a women employee is relavent to her service in the organization? Suppose, if the woman has recently joined 3 months back and is under probation, whether she would be applicable to get the maternity benefits?

Also plz let me know, for a woman employee not covered under ESI, maternity leave encashment has to be given on basic salary or gross salary?

Regards,
Ravi.
ravik (Querist) 16 February 2008
Hi Seniors,

I came across two points on the same issue :

1.Section 5(2) of maternity benefit act provide that 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 one hundred and sixty days(160) in the twelve months immediately preceding the date of her expected delivery.

2. 1. 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(80) in the twelve months immediately preceding the date of her expected delivery.

i want to know which one of the above is correct.

Regards,
Ravi.
Prakash Yedhula (Expert) 24 February 2008
To be eligible one should have worked for not less than 160 days in the 12 months immediately prior to the date of expected delivery.
SANJAY DIXIT (Expert) 25 July 2008
Now it is 80 days.
Period of 160 days is subs. by 80 days by Act of 1988 S.4 wef - 10/01/1989.
Adv.Shine Thomas (Expert) 14 October 2008
SC judjement is reported in this regard in Municipal Corporation of Delhi v. Female Workers (Muster roll)[(2000)3SCC 224]
Hiralal Das (Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.


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