Dear Senior
I have joined in a private concern on 17 th May'2010. I am in 6month probation period now.
Whenever I have joined I was not confirmd abour my pregnency. But now I am pregnent & my due date is 24 November'2010.
I have already given a notice to my employer on 10th Aug. regarding this matter but he has replied that now I am in probation period & as per
maternity benefit act I am not entitled to get the benefit.
Pls. advise how & when shall I have to give application for maternity
leave benefit (pay or without pay )?
If is is payble leave then how much can I get during this leave? (my salay 6,500/- pm)
I am on ESI scheme. So shall I get any advantage from ESI?
I have noticed from your end that I can get this benefit but I have to present atleast 80 days of 12 months. but I am not covered 12 months till now but I want to do this job continue .
pls. give details according to maternity leave act 1961 with mentioning section & undersection as I can give kind attention of my employer.
SIMA DATTA
From India, Calcutta
I have joined in a private concern on 17 th May'2010. I am in 6month probation period now.
Whenever I have joined I was not confirmd abour my pregnency. But now I am pregnent & my due date is 24 November'2010.
I have already given a notice to my employer on 10th Aug. regarding this matter but he has replied that now I am in probation period & as per
maternity benefit act I am not entitled to get the benefit.
Pls. advise how & when shall I have to give application for maternity
leave benefit (pay or without pay )?
If is is payble leave then how much can I get during this leave? (my salay 6,500/- pm)
I am on ESI scheme. So shall I get any advantage from ESI?
I have noticed from your end that I can get this benefit but I have to present atleast 80 days of 12 months. but I am not covered 12 months till now but I want to do this job continue .
pls. give details according to maternity leave act 1961 with mentioning section & undersection as I can give kind attention of my employer.
SIMA DATTA
From India, Calcutta
Dear SIMA,
You are covered under the ESIC ACT. you are eligible for all benefits.
Please let me know regarding your previous company, If you continue the same number, then you are eligible for Pay with leave.
If not you are newly covered with the ESIC, you can get the Leave and Treatment from ESI not the Pay.
Regards,
SIDMAN
From India, Madras
2You are covered under the ESIC ACT. you are eligible for all benefits.
Please let me know regarding your previous company, If you continue the same number, then you are eligible for Pay with leave.
If not you are newly covered with the ESIC, you can get the Leave and Treatment from ESI not the Pay.
Regards,
SIDMAN
From India, Madras
Dear sima datta
You are eligible for Maternity benefits.
However, I can not help but comment that as an expectant mother you are not taking due care and precaution for the health and safety of yourself and your child. The normal full term of pregnancy is nine months; and accordingly your doctors have predicted the due dates as 24 November'2010.
Going by this fact, on the date of your joining (17 th May'2010), you must have been three months pregnant!
Your statement that, "When I joined I was not confirmd abour my pregnancy." if considered true, speaks about your lack of care and concern for the health of your baby as well as yourself.
During the initial period, doctors advise several precautions and tests as part of "pre-natal care".
Do take extra care in future.
Warm regards.
From India, Delhi
You are eligible for Maternity benefits.
However, I can not help but comment that as an expectant mother you are not taking due care and precaution for the health and safety of yourself and your child. The normal full term of pregnancy is nine months; and accordingly your doctors have predicted the due dates as 24 November'2010.
Going by this fact, on the date of your joining (17 th May'2010), you must have been three months pregnant!
Your statement that, "When I joined I was not confirmd abour my pregnancy." if considered true, speaks about your lack of care and concern for the health of your baby as well as yourself.
During the initial period, doctors advise several precautions and tests as part of "pre-natal care".
Do take extra care in future.
Warm regards.
From India, Delhi
Pls read the Maternity Benefit Act 1961, sec 5 on eligibility.
"No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery"
From India, Lucknow
"No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery"
From India, Lucknow
As per maternity benefits act 1961, sec 5 (2),
"No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery"
From India, Lucknow
"No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery"
From India, Lucknow
Dear pon1965
Do enlighten us about the amendment in eligibility.
This is what I find on Section 5, (2) :
[QUOTE] (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [eighty days] in the twelve months immediately preceding the date of her expected delivery :
Provided that the qualifying period of [eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation.- For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages], during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery :]
Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death :
[Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery, for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.] [UNQUOTE]
Regards.
From India, Delhi
Do enlighten us about the amendment in eligibility.
This is what I find on Section 5, (2) :
[QUOTE] (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than [eighty days] in the twelve months immediately preceding the date of her expected delivery :
Provided that the qualifying period of [eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation.- For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages], during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery :]
Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death :
[Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery, for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.] [UNQUOTE]
Regards.
From India, Delhi
Dear All, Some time back it was mentioned that the Government employees get maternity leave of 6 months. Is there any change for in maternity leave for private employees.... regds,
From India, Mumbai
From India, Mumbai
Dear Ms. SIMA DATTA,
It is very clear that you are covered under the ESIC Scheme from day one as you are drawing salary of 6500/- pm.
Now to become eligible to get maternity benfits under the ESIC scheme you have to contribute for not less than 70 days upto the date of delievery, which I presume that you have already done. You are therefore elibile to get maternity benefits under the ESI scheme.
If you are newly covered under the ESI Scheme, then your benefit period will start after 9 months from the date of joining ie WEF 18 /2/2011.
Since your due date is November 2010, you will not get cash benefit for 12 weeks maternity leave from the ESI Corporation but you will get treatment from ESI hospital.
As per ESI regulation 97, When an ESIC covered employee after contributing 70 days contribution to the ESI Scheme do not get cash benefits only because 9 months are not completed, in that case, the employee will get only cash benefits from the employer under the Maternity Benefit Act 1961/ under any settlement/ company rules or practice whichever is more benefitial.
Therefore in your case the employer is bound to give your 12 weeks maternity leave with full salary.
However before joining this company, if you were working in some other company PARTICULARLY DURING THE MONTHS OF Jan/Feb 2010 and were also a member of ESI scheme then in that case your benefit period starts after 9 months ie in the month of November 10, ie the due month and you will get monetary benefits from the Corporation.
you can submit your application for maternity leave along with ESIC Pannel doctor's certificate when ever you desire to go on maternity leave.
I hope this is clear to you.
ANIL KHOT
SR. MANAGER HR
From India, Mumbai
It is very clear that you are covered under the ESIC Scheme from day one as you are drawing salary of 6500/- pm.
Now to become eligible to get maternity benfits under the ESIC scheme you have to contribute for not less than 70 days upto the date of delievery, which I presume that you have already done. You are therefore elibile to get maternity benefits under the ESI scheme.
If you are newly covered under the ESI Scheme, then your benefit period will start after 9 months from the date of joining ie WEF 18 /2/2011.
Since your due date is November 2010, you will not get cash benefit for 12 weeks maternity leave from the ESI Corporation but you will get treatment from ESI hospital.
As per ESI regulation 97, When an ESIC covered employee after contributing 70 days contribution to the ESI Scheme do not get cash benefits only because 9 months are not completed, in that case, the employee will get only cash benefits from the employer under the Maternity Benefit Act 1961/ under any settlement/ company rules or practice whichever is more benefitial.
Therefore in your case the employer is bound to give your 12 weeks maternity leave with full salary.
However before joining this company, if you were working in some other company PARTICULARLY DURING THE MONTHS OF Jan/Feb 2010 and were also a member of ESI scheme then in that case your benefit period starts after 9 months ie in the month of November 10, ie the due month and you will get monetary benefits from the Corporation.
you can submit your application for maternity leave along with ESIC Pannel doctor's certificate when ever you desire to go on maternity leave.
I hope this is clear to you.
ANIL KHOT
SR. MANAGER HR
From India, Mumbai
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Grant of Maternity Benefit Leave to Women Employees Engaged under Outsourcing Policy in Haryana.pdf