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Amit   31 July 2015

Maternity leave denied by employer

My wife's eployer has denied to pay her maternity benefits. she is carrying 9 months now and had worked continuosly without any breaks till date. We have submitted a hand written letter along with form B and doctors certificate. applied for maternity paid leave before 5 weeks of expected due date. She has complted 1 year continous service in the organization. But the employer has denied to pay over phone and now not responding to the phone calls and email. Please suggest what to do.. I want my wife to be benefited for her hard work and continous service till date. employer has told" whatever legal way you want.. do it and file complaint but he will not pay any maternity leaves as it is his own organizations rules". I am very depressed now. Please help and suggest.



 13 Replies

kameswarao S (Head HR)     31 July 2015

As per the information provided by you she is eligible for Maternity leave and the organization cannot deny.  Pl approach the lbour department with the copies of the lrs submitted to the management ie., intimation related to her maternity part and definetly she will get the maternity benefit.

sridher (system analyst)     31 July 2015

complaint in the labour departmet along with your salary certificate

Kumar Doab (FIN)     31 July 2015

1. Do you have acknowledgment of "hand written letter along with form B and doctors certificate. applied for maternity paid leave before 5 weeks of expected due date. "

 

2. Have you recorded the phone call during which it is stated that;

 

"employer has denied to pay over phone and now not responding to the phone calls and email. ................. employer has told" whatever legal way you want.. do it and file complaint but he will not pay any maternity leaves as it is his own organizations rules"."

 

3. You have posted that "employer has denied to pay over phone and now not responding to the phone calls and email. "

 

Have you mentioned in emails that the "hand written letter along with form B and doctors certificate has been submitted by employee on dated.................?

 

"but he will not pay any maternity leaves as it is his own organizations rules"

 

Has the employer supplied certified copy of these private rules and/or has it displayed the Act and its private rules at a conspicious place in offcie say Notice Board?

 

You can certainly lodge complaint with Inspector (Central/state.................as applicable in your case) appointed under Maternity Benefit Act..........................and senior officials of Dept. of Labor.....................female employee's/Trade Unions.

 

During Maternity Benefit period her service can not be terminated.

 

 

 

 

 

arulprasath (HR & Legal)     31 July 2015

Your wife covered under ESI (ie, salary less than 15k), you can approach your nearest ESI branch office for getting the benefits like, medical, salary during the eligibale maternity period. If she has drawn above than cieling wage, employer duty to paid leave for 12 weeks, if deny you can approach labour department.

Kumar Doab (FIN)     31 July 2015

It is employers responsibility to cover the employee under ESIC and furnish the card.

Amol Kende (No)     01 August 2015

Yes but i suggest go to the labour commissioner and file a complent against the company so he can charge the company

N.K.Assumi (Advocate)     01 August 2015

It is a violation of women' basics human rights.

Prathibha   01 November 2017

Hi, I'm 7and half month pregnant,and planned to take maternatity leave...however in last minute of my leave plan my organisation HR is telling like as they have changed some leave policy and they will be paying the 6 months salary,once I rejoin after my maternity leave as I was having some house loan I asked them I need the money to be paid in monthly basis they are forcing me to mail that if after 6 months if I am not able to come that I was liable to pay the whole salary amount for 6 months in written communication then only they are agreeing for paying monthly basis what can I do now they are not allowing me for extending my leave plan as I am taking two prior.I need 3 more months LOP as it will be my lactation period. What can I do now ,I'm working in that organization from past 1and half year. Pls suggest me

Kumar Doab (FIN)     01 November 2017

1st thing 1st; Submit intimation of pregnancy (under proper acknowledgment) with Dr’s Rx showing tentative date of pregnancy delivery and narrate previous intimations given by you in person/by email/letter to on dated…………….. .to Mr./Ms……..and ask to supply requisite forms if any to be submitted by you and relevant rules of establishment if any (previous and amended showing their dates of applicability and amendment).

If the rules are placed at establishment website and accessible thru employee log in then download ASAP along with other leave rules.

As per provisions of Act the employer is under obligation to display the rules at some conspicuous place and supply these to concerned employee.

If you have already received the rules and wish to attach then you may attach these.

You may erase the names, logo, address, emails, phones etc before you attach to maintain the confidentiality.

Kumar Doab (FIN)     01 November 2017

In the meantime you may go thru:

THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017

https://labour.gov.in/sites/default/files/Maternity%20Benefit%20Amendment%20Act%2C2017%20.pdf

 

THE MATERNITY BENEFIT ACT, 1961

https://lawmin.nic.in/ld/P-ACT/1961/A1961-53.pdf

The employer can provide superior benefits but not inferior than the provisions of the Act.

Kumar Doab (FIN)     01 November 2017

The employer has to tender the payments as per provisions of the Act and not as per IT’s private and internal wishes.

You may avoid signing and sending written communication until you have understood the rights of pregnant woman employee and provisions of the Act and amendments.

 

There are many threads on Maternity Benefit that you may go thru, understand and pick up relevant points. You will get reply to all points that you have and you may have.

Kumar Doab (FIN)     01 November 2017

 

Avoid posting photos/names/email id/phone numbers/addresses etc etc or attaching any document containing photos/names/email id/phone numbers/addresses etc etc and erase photos/names/email id/phone numbers/addresses etc etc while sending any documents to anyone, anywhere except your own very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record in handling such matters thru courts of law and with concerned authorities …

 

The very purpose of asking you to send a written communication, without any written demand by employer or IT’s attorney’s in say HR is transfer the entire onus and liability on employee.

 

Then you have expressed your need of LOP and loan installment and HR person is inclined to exploit your need.

It is upto you to handle the matter with your on skills or to succumb to pressure tactics.


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