About maternity benefit and gratuity

You have worked for 05Y07M25D.

In the interim ( during Maternity Leave Period) did you resign?

Did you inform pregnancy and submit DR's Rx showing tentative date of delivery?

 

What is this rejoining?

Did you resign and rejoin?

Or it was just joining after maternity leave?

Was any form/format supplied by company to you for availing Maternity benefit prior to delivery and after delivery?

Did you submit Dr's reoprt showing delivery?

Did you submit noticve of resignation ,final resignation and has company supplied any acknowledgment and acceptance of resigantion ,FnF statement, salalry slips of all months, Form16,PF a/c slips of all years, ESIC card,service certificate,relieving letter,NOC/NDC etc?

 

 

Did you submit FormI?

Did you write to employer for all of the above under proper acknowledgment?

 

Notice Period of 45 days; May not neccessarily be applicable in your case.

 

What is this establishment; Commercial, Industrial?


What is its nature of business?


You are located in which state ( Noted; Mumbai)?


How many persons are employed with it?


What are duties on record?


Do you have any powers to sanction ( not just recommend) leave/increment/appoint/terminate/appraise etc etc? 


Can anyone change your recommendations?


Do standing order apply; Model/Certified and is your designation covered by certified standing orders?
 

If there is not break in service (i.e. you initially resigned and rejoined after delivery) then you have worked for 5+ years and you are enitled to gratuity after you have left the job.

Regarding the maternity leave, you are entitled to salary for that period. You have to claim that through prescrbed form.

You are not required to pay any notice pay if you have properly served the notice period.

The facts narrated by you is not enough to give you accurate suggestions. More details is required to do that same as asked by Ld. forum members above.

If you has informed pregnancy, tentative date of delivery, were granted Maternity leave then benfit of period before delivery should have paid in advance and another after delivery.

 

You may also relate with;


THE MATERNITY BENEFIT ACT, 1961

 

5. Right to payment of maternity benefit: 1*[(1) Subject to the
provisions of this Act, every woman shall be entitled to, and her
employer shall be liable for, the payment of maternity benefit at the
rate of the average daily wage for the period of her actual absence,
that is to say, the period immediately preceding the day of her
delivery, the actual day of her delivery and any period immediately
following that day.] 






6. Notice of claim for maternity benefit and payment thereof.- 



(5) The amount of maternity benefit for the period preceding the
date of her expected delivery shall be paid in advance by the employer
to the woman on production of such proof as may be prescribed that the
woman is pregnant, and the amount due for the subsequent period shall
be paid by the employer to the woman within forty-eight hours of
production of such proof as may be prescribed that the woman has been
delivered of a child. 

 

 

https://www.ilo.org/dyn/travail/docs/678/maternitybenefitsact1961.pdf

It is a private company and now you are claiming your right and gratuity. Because of the private company you can not go any forum except industrial tribunal. Before that you have to send a legal notice to the company regarding your entitlement and right along with the interest. Now it’s a fresh mater if you made delay you may lost your right to approach the tribunal. It is the common things for private company.

One thing more only service matter lawyer can help you so its batter you find out a lawyer in your local area and as per their advocate you should act.

 

Jyotirmaya Prasad Behera

Advocate, Orissa high court

9861819294

If you post your reply, pointwise, you shall be clear.

Hii Thanks for reply. As per your points pls find the below mentioned details. 1. This company is service facility provider company. We provide manpower and securities as per requirements. 2. It was in known of company that I would be going maternity leave. 3. At this time 2 more girls were pregnent. 4. And the same thing was informed to company and also given in documents. 5. No one if us had received any paid benefits during the maternity leave. 6. Comanu had said us that it didn't cover under their policy. 7. I had asked for half salary for the periods of leave. That also not accepted by company.

Hope you have submitted all dcouments under proper acknowledgment and have the record to prove it.

Did company state in writing that  'it didn't cover under their policy. .........................and  decline in writing that: 'That also not accepted by company.'

Somehow I am not getting prompts for new posts in this thread.

You may send a PM with weblink to this thread, when you post next time.

 

 

Go thr: 

THE MATERNITY BENEFIT ACT, 1961  

2. Application of Act

Payment of Gratuity Act:1(3) 

 

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

If the Act (s) apply to establsihment and you are covered you can proced on your own, thru employee's/trade unions, your own counsel specializing in Labor/Service matters