Maternity leave & benefit

it is your right to take maternity leave for 12 weeks as per shops and establishment act or 3 months, normally 6 weeks before pregnant and after giving birth 6 weeks and everyone will work till the date doctor given and take leave for 12 weeks paid leave after that if they want they will take or join the duties 

in your case the company is playing a play by avoiding why they should pay the salary when you are not working so for this do not resign from the duties means do not give a lettr or email even they force you to resign 

give a formal letter confirinming that on particular day you will take maternity leave to date three months mention the date and ask for approval as per rules do not quote previous or existing rules because at this time you need free mind and not tension 

First of all submit the information on being pregnant along with copy of doctor’s Rx showing expected date of delivery in writing under proper acknowledgment.

With such kind of line managers/HR employee should proceed carefully, submit all transactions, minutes, under proper acknowledgment.

The Maternity Benefit Act is attached. The extracts from the Act which should address your concerns are reproduced below, you may assess which provisions are being violated by the line managers/HR etc, and act as deemed fit at your end.

You may approach the o/o Labor Commissioner. The Labor Inspector may be  the Inspector under The Maternity Benefit Act……………..

Under the Act the employer is required: (a) to exhibit the abstract of the provisions of the Act and the rules made thereunder in a conspicuous place in every part of the establishment in which women are employed {Section 19 & Rule 5}; (b) to maintain a muster roll in the prescribed form {Rule 3}; (c) to submit annual returns in the four prescribed forms. {Rule 16}}

Total Maternity benefit 12 weeks: out of which not more than 6 weeks shall precede the date of expected delivery.

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}

Then another one month leave can be availed: A woman suffering from illness arising out of pregnancy delivery……………………..{Section 10}.

Medical Bonus Rs.3500/ is also to be paid {“ 8. Payment of medical bonus. –}

During the Maternity leave period as stated in the Act, employment is protected.

When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence. {Section 12}

If any employer violates the Act:

If any employer fails to pay any amount of maternity benefit to a woman entitled under the Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of the Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees. The Court may, however, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment. (2) If any employer contravenes the provisions of the Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under the Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the Court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled hereto. {Section 21}

You have posted that :” post aquisition taking a break of 6 months out of which 3 months is paid and 3 months unpaid.” The terms of acquisition, and continuity of benefits to old employees should be looked into.

27. Effect of laws and agreements inconsistent with this Act. –
Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefitsin respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receivebenefit in respect of other matters under this Act. 

(2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any 
matter, which are more favourable to her than those to which she would be entitled under this Act.

If the company is covered under Shops and Establishments Act the provisions for maternity benefit as stated in the Act and standing orders of the company and provisions for maternity benefit as stated in standing orders may be looked into.

The leave policy of the company and provisions for CCL, sabbatical leave and option to club one leave with another should also be looked into.

There are many threads on maternity benefit act which you may find relevant and useful and you may come back if you still have some issues.

Build proper record for leave being denied, resignations being demanded etc……….e.g. witness, evidence, audio/visual………………………..

https://www.lawyersclubindia.com/experts/Maternity-pay-402841.asp#.UdKLtDuAqWM

https://www.lawyersclubindia.com/forum/Maternity-leave-83094.asp#.UcXAWTuAqWM

https://www.lawyersclubindia.com/forum/Forced-to-resign-during-my-maternity-leave-82545.asp#.UcUtsjuAqWM

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

https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM

https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM

https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM

Hi,

Thanks a ton for all the replies. Please let me know the provisions for getting maternity benefit in case i do not want to continue work post delivery of my baby and how can i claim it? can the employer refuse payment of maternity benefit in case i do not report to work after maternity break.

As in our organisation maternity benefit is paid only after women reports back to work post delivery and work for 30 days she will be paid maternity benefit(Plz let me know if legally this holds good)

And also let me know if the calculation base for maternity benefit whether its calculated on gross salary or just basic.( because before for employees the benefit was calculated on gross salary but with the new management they are informing us that only basic salary will be paid) , maternity benefit is another thing due to which these guys are playing around as they know they have to pay in lacs at our grade in the company.

Totally frustrated, only thing is that i do not have any documented proof as every time we write a mail they do not repsond and make silly excuses. this time i have mailed asking a copy of policy doc for ML and benefit, which they informed that i need 30 days time to reply . Dont understand if these guys even have basic human ethics. the reason i want to voice out is because there so many women get exploited for one or the other reason in this organisation post management change and anyone who tries to voice is terminated on grounds of behaviour and attitude.

the only proof i have are my colleagues who are also currently expecting and denied leave or Work from home option.

please reply.

Regards

Padmini

---------“this time i have mailed asking a copy of policy doc for ML and benefit, “

Gossip and rumor can not be rules and policies. Printed version of the policy as passed by board of the company has to be circulated/kept in knowledge domain of the employee/ and supplied to employee on demand.

Under the Act the employer is required: (a) to exhibit the abstract of the provisions of the Act and the rules made there under in a conspicuous place in every part of the establishment in which women are employed {Section 19 & Rule 5};

--------“ the only proof i have are my colleagues who are also currently expecting and denied leave or Work from home option.”

All affected employees may join hands and agree to be witness to each other.

--------“ only thing is that i do not have any documented proof as every time we write a mail they do not respond”

Emails are valid proof.

Escalate to good offices of appointing authority, MD, Chairman, company secretary.

-------“ let me know if the calculation base for maternity benefit whether its calculated on gross salary or just basic.( because before for employees the benefit was calculated on gross salary but with the new management they are informing us that only basic salary will be paid)’

5. Right to payment of maternity benefit. -- (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 ……………………

Explanation. – For the purpose of this sub-section, the average daily wage means the average of the woman’s wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher

{Average daily wages are arrived at monthly wages/30*26}

Following section has already been quoted. The benefits offered to employee can not be inferior to the benefits stated in the Act and more favorable benefits can not be withdrawn.

Section 27. Effect of laws and agreements inconsistent with this Act. :……………. a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act,

-------“ As in our organisation maternity benefit is paid only after women reports back to work post delivery ‘

If employee ahs supplied the information and proof of pregnancy : The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance to the woman  (section 6)

If employee ahs supplied the information and proof of delivery : 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}

-------“ can the employer refuse payment of maternity benefit in case i do not report to work after maternity break.”

Yes; who can stop an adamant and recalcitrant employer.

Why don’t you resume duties after you are declared fit, and resign later.

The printed version of the policy of the employer in this respect is neither displayed not supplied to you.

The condition under which denial/forfeiture is possible is stated in the Act at:

18. Forfeiture of maternity benefit

 It is felt that ; Once an employee satisfies the qualifying conditions for Statutory Maternity pay , it is payable by employer even if the employee subsequently resigns, is dismissed or advises her employer that she will not be returning to work from maternity leave. If this occurs prior to the start of maternity leave, payment of Statutory Maternity pay may be triggered early.

However you may check with your lawyer and o/o Labor commissioner before you decide finally.

You may also go thru:

15. Powers and duties of Inspectors.

17. Power of Inspector to direct payments to be made. –

It shall be appropriate to approach Inspector and clarify your points before you act.

The point is that you should not fail or loose.

Before you make your final decisions approach your lawyer in person specializing in such matters, show all docs and records, spend quality time with your lawyer, give inputs in person, understand the merits and proceed under expert advise of your lawyer. Let your representations be structured and drafted by your lawyer and cover any lop holes and deficiencies which might have remained so far.

You may go thru some interesting post also at:

https://maternityleaverules.indianworkingwoman.org/maternity-leave-rules-women-psu-private-sector-it-ites

Valuable advice of learned experts/member is sought.

Hi Experts,

Thank you all for your valuable inputs. Please find below the reply i have received from my HR for the queries i have asked

Q) As our company policy what is the number days that a can be availed as paid and unpaid as maternity leave.  And in case of unpaid leave how many days in advance can this be availed?

Ans: As per our Company policy, a female employee is eligible to avail 12 calendar weeks (i.e. 84 calendar days) of ML, of which not more than 6 weeks should precede the date of expected delivery for a maximum of two such occasions. Company may consider unpaid leave of one month in case of major health complications arising out of pregnancy subject to submission of appropriate documents.  

Q) What is the provision for unpaid leaves as many previous employees have taken 9-12 months unpaid maternity break?

Ans:  Covered in question 1 above. However, you may avail leaves to the extent of balance GL & PL currently available in your leave account subject to approval from your reporting officer.   

Q) Please advise me on the documents that need to be submitted before going on maternity leave and the necessary forms to be submitted to HR?

Ans: ML has to be availed in one spell. The application (Form 1A & 1B) for ML should be supported with a doctor’s certificate confirming the expected date of delivery. On resuming duty after the ML, dully filled-in Form-2 needs to be submitted to HR.

Now please let me know if i can claim 6 weeks of maternity benefit after i submit form 1a to my HR , and are they legally obliged to pay me half of the amount that is 42 days benefit.

All points raised by you in your last post have already been addressed and the Act has been attached for your reference.

It is not the company’s policy but the Act which has be followed by company.

Of course company can offer more favorable benefits.

But company can not ask to accept inferior benefits than those stated in the Act citing that it is company’s policy.

It company resorts to such practice it would amount to contravention of the Act and there is provision for penalty and imprisonment…………….. {Section 21}

-------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………..{Section 6}

------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}

--------HR has probably misinterpreted in its response:” Company may consider unpaid leave of one month in case of major health complications arising out of pregnancy subject to submission of appropriate documents.  “

Because as per the Act A woman suffering from illness arising out of pregnancy delivery……………………..{Section 10}.can avail another one month leave and wages for this leave has to be paid.

------However since it is a written statement ,you may treat as that as per policy of the company in addition to above mentioned another one month unpaid leave can be availed.

------Then Medical Bonus Rs.3500/ is also to be paid {“ 8. Payment of medical bonus. –}

------Then balance GL & PL currently available in your leave account subject to approval from your reporting officer.   

You may submit the documents and avail maternity benefit as stated and withn the time period as stated in the Act.

well elaboprated by Mr Kumar Doab