Observing this bizarre discussion from Canada gives pause to wonder about the status of women in India.
<i>The entire format provided under the Maternity Benefit Rules shows that we are to write woman’s name along with either husband’s or the father’s name.</i> By father's name, does that refer to the father of the woman or the father of the baby? Why wouldn't the law just require the mother's name and baby's name on the documents? This all sounds a little too patriarchal and old-school.
From Canada, Surrey
<i>The entire format provided under the Maternity Benefit Rules shows that we are to write woman’s name along with either husband’s or the father’s name.</i> By father's name, does that refer to the father of the woman or the father of the baby? Why wouldn't the law just require the mother's name and baby's name on the documents? This all sounds a little too patriarchal and old-school.
From Canada, Surrey
3
'Under the Maternity Benefit Act, 1961, women employees are entitled to maternity
benefit at the rate of average daily wage for the period of their actual absence up to 12 weeks due to the delivery. In cases of illness arising due to pregnancy, etc., they are entitled to additional leave with wages for a period of one month. They are also entitled to six weeks maternity benefit in case of miscarriage. The Maternity Benefit Act, 1961 also makes certain other provisions to safeguard the interest of pregnant women workers."
http://prsindia.org <link updated to site home>
One can see here that the Maternity Beneift Act can be availed by pregnant women/woman - it does not say married pregnant woman.
I remeber when studying for my PG Diploma in IR and Personnel Mgt , we discussed a case law relating to a similar situation. It happened in the state of Maharastra that a single unwed woman claimed Maternity Benefit which was denied by her employers ( then the Post and Telegraphs Department ) on the grounds thats she was unmarried. The Supreme Court ruled in her favour and said that while Paternity is always a matter of doubt , Maternity can never be and upheld her right to claim Maternity Benefit on the grounds that the law never spoke of a condition that the woman must be married to avail Maternity Benefit. Though I cannot remember name of the Case , i will try to find out and post it .
Further this is a discussion of a legal point , why are some people making it a moral debate .Its a completely personal decision of the lady in question.
And to the person from Canada who is reading this discussion , let her be assured that the status of women in India is good , if it was'nt we would not have so many women HR professional participating in such a discussion.
Regards
Kirti
From India, Bangalore
benefit at the rate of average daily wage for the period of their actual absence up to 12 weeks due to the delivery. In cases of illness arising due to pregnancy, etc., they are entitled to additional leave with wages for a period of one month. They are also entitled to six weeks maternity benefit in case of miscarriage. The Maternity Benefit Act, 1961 also makes certain other provisions to safeguard the interest of pregnant women workers."
http://prsindia.org <link updated to site home>
One can see here that the Maternity Beneift Act can be availed by pregnant women/woman - it does not say married pregnant woman.
I remeber when studying for my PG Diploma in IR and Personnel Mgt , we discussed a case law relating to a similar situation. It happened in the state of Maharastra that a single unwed woman claimed Maternity Benefit which was denied by her employers ( then the Post and Telegraphs Department ) on the grounds thats she was unmarried. The Supreme Court ruled in her favour and said that while Paternity is always a matter of doubt , Maternity can never be and upheld her right to claim Maternity Benefit on the grounds that the law never spoke of a condition that the woman must be married to avail Maternity Benefit. Though I cannot remember name of the Case , i will try to find out and post it .
Further this is a discussion of a legal point , why are some people making it a moral debate .Its a completely personal decision of the lady in question.
And to the person from Canada who is reading this discussion , let her be assured that the status of women in India is good , if it was'nt we would not have so many women HR professional participating in such a discussion.
Regards
Kirti
From India, Bangalore
Dear All,
As per the attached maternity benefit act, it is clearly mentioned the any woman can claim the benefits under the maternity benefit act.
It is not composure that the woman should be pregnant. Please go though the Form A on the page no 18 of the attached act. It is mentioned the "Name of Women and her father's (or, if married, husband’s) name. This clearly shows that, if the woman is not married then also she can get the benefit under the maternity act.
Please feel free to contact under sign, for any further clarification / assistants required.
Thanks & Regards
Kumar Gourav
From India
As per the attached maternity benefit act, it is clearly mentioned the any woman can claim the benefits under the maternity benefit act.
It is not composure that the woman should be pregnant. Please go though the Form A on the page no 18 of the attached act. It is mentioned the "Name of Women and her father's (or, if married, husband’s) name. This clearly shows that, if the woman is not married then also she can get the benefit under the maternity act.
Please feel free to contact under sign, for any further clarification / assistants required.
Thanks & Regards
Kumar Gourav
From India
dear as per your statement she is in senior post, so I think she is not coverred with ESIC.
So she is elligible for medical benifit & aswell as for medical leaves under maternity benefit act 1961.
as per act 1961 (sec 2 (2)) every women who is not coverred under ESIC is applicable for benefits under this act provided certain cases, and it is not mendatory that she is married or not.
Regards
CHANDRA
From India, Gurgaon
So she is elligible for medical benifit & aswell as for medical leaves under maternity benefit act 1961.
as per act 1961 (sec 2 (2)) every women who is not coverred under ESIC is applicable for benefits under this act provided certain cases, and it is not mendatory that she is married or not.
Regards
CHANDRA
From India, Gurgaon
Hi numai, There is no separate HR policy for pregnant women whether married or Unmarried. However, the clause of maternity benfit act of 1961 is applicable here
From India, Bangalore
From India, Bangalore
Dear Ash
You are right and you should be MORE confident in your reply.
Such confidence will come, when you study the law in depth and thereby acquire knowledge and expertise.
Unless you have expertise and "better knowledge", you can not help others.
This is to answer your remarks once made in this forum, which I am quoting herewith :
And I am also quoting my "last lines in testing someone's knowledge. Why?" :
YES, even if a woman is unmarried or a widow, she is sill entitled for Maternity Benefit.
As many members have correctly pointed out, MBA 1961 does not specify the marital status of the concerned woman as the objective of the Act is to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child.
It is an Act that celebrates the joy and recognizes the pains of "motherhood" and the dignity of women; and every working women should know this Act and appreciate the government of their motherland !!!
Note : Dear Members,
The idea here, is not to personalize issues, but rather to illustrate the utility and usefulness of discussions in CiteHR.com which is dedicated to the cause of HR professionals.
You can view the entire earlier thread and benefit from the posts, by clicking this link :
https://www.citehr.com/190757-can-sh...y-benefit.html
Warm Regards.
From India, Delhi
You are right and you should be MORE confident in your reply.
Such confidence will come, when you study the law in depth and thereby acquire knowledge and expertise.
Unless you have expertise and "better knowledge", you can not help others.
This is to answer your remarks once made in this forum, which I am quoting herewith :
- "I believe the forum here is to discuss & help one another, and not to have a battle over "Look who knows better!"
- I don't understand the relevance of your last lines in Testing someone's knowledge. Why?"
And I am also quoting my "last lines in testing someone's knowledge. Why?" :
"If we do not know the date of delivery, we are not sure about the dates regarding Maternity Leave. But the lady is still entitled to Maternity Leave Benefit, which are enshrined in the Act; and Govt. of India guarantees it.I hope the "Why?" of yours is getting addressed now. The answer is :
Secondly, just a question to test knowledge of Maternity Benefit : "Can you answer me, if an unmarried woman or a widow, can get Maternity Leave under the Act or not ??"
YES, even if a woman is unmarried or a widow, she is sill entitled for Maternity Benefit.
As many members have correctly pointed out, MBA 1961 does not specify the marital status of the concerned woman as the objective of the Act is to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child.
It is an Act that celebrates the joy and recognizes the pains of "motherhood" and the dignity of women; and every working women should know this Act and appreciate the government of their motherland !!!
Note : Dear Members,
The idea here, is not to personalize issues, but rather to illustrate the utility and usefulness of discussions in CiteHR.com which is dedicated to the cause of HR professionals.
You can view the entire earlier thread and benefit from the posts, by clicking this link :
https://www.citehr.com/190757-can-sh...y-benefit.html
Warm Regards.
From India, Delhi
My dear friend Niumai,
If you have taken the trouble of studying the Maternity Benefits Act 1961 or gone through CiteHR regularly (of which you are a member since Sep. 2007); you would not have been asking for opinion.
As already opined by our learned members Mr. Malik, Mr. Khola and others, this is to reiterate that your (unmarried) girlfriend is entitled to all benefits under the Maternity Benefit Act 1961, provided she has completed 80 days of service and you can produce a medical certificate in respect of her pregnancy.
Congratulations !!! :-D
and Warm Regards.
From India, Delhi
If you have taken the trouble of studying the Maternity Benefits Act 1961 or gone through CiteHR regularly (of which you are a member since Sep. 2007); you would not have been asking for opinion.
As already opined by our learned members Mr. Malik, Mr. Khola and others, this is to reiterate that your (unmarried) girlfriend is entitled to all benefits under the Maternity Benefit Act 1961, provided she has completed 80 days of service and you can produce a medical certificate in respect of her pregnancy.
Congratulations !!! :-D
and Warm Regards.
From India, Delhi
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