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geetika   16 April 2017

Maternity benefits act

Maternity benefits act has been notified on March 27, 2017 and is supposed to be applicable from April 1, 2017. My employer is denying me 26 weeks paid leaves from June 1, 2017 onwards on the grounds that they haven't received a written circular from the government. Is that a valid ground?


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 6 Replies

Kumar Doab (FIN)     16 April 2017

No it is not.

Kumar Doab (FIN)     16 April 2017

The employer and/or its attornies in Legal cell/HR Dept/Line Management etc etc can very well send a prayer to O/o His Execellency Hon. President of India that grants assent and lodge greivance  with O/o jurisdictional Labor Commissioner, O/o Authority appointed under the said Act etc etc

 

And/or sit on Dharna, Bhookh Hartaal (fast unto death) and invite media to cover and air its agitation and apply its so called freedom of expression.

 

 

Kumar Doab (FIN)     16 April 2017

On your part submit (under proper acknowledgment) the intimation with copy of Dr’s Rx showing tentative date of pregnancy delivery and dates of Maternity Benefit Period you want to avail.

 

This is personal matter and may be submitted from personal email id also.

 

Ritesh Maity (Labour Law Advocate)     16 April 2017

Simply apply in the prescribed form under the Maternity Benefit Act. Send the application/ form under registered post or obtain an acknowledgment from the company. Let the company refuse you leave in writing. Therafter, next course of action can be decided. 

Kumar Doab (FIN)     17 April 2017

You may check if your state has published Maternity Benefit Rules.

You may also check if your state has prescribed forms under Shops & Estbs Act/Rules for Maternity benfit.

In any case, if you arte unable to find: submit the inrfomation as suggested and mention that if any form/annexxure  is to submitted  by you it may be supplied by Redg. post to you.

 

 

V. VASUDEVAN (LEGAL COUNSEL)     17 April 2017

Please find the attached file, including clarification by the Government under files section of this website


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