Hi All, I am working in Pvt. co. as Account Executive. I am alone employee in this office. I am getting Rs.10,500/ p.m salary now i am 2 month pregnant but i want to know whether company gives me salary plus leave for 3 months as maternity leave. Before i joined i asked my employer whether medical allowance is there for the employee he said "NO" and also I am not getting ESI. Please advise me how to draft the letter for maternity Leave & my salary for 3 months.
Awaitng valuable response.
From India, Mumbai
Awaitng valuable response.
From India, Mumbai
As per Maternity Benefit Act, your will be liable to matenity leave for 12 weeks, 6 week before the date expected delivery and 6 week post delivery, and a a medical bonus of Rs 2500/- if your employer have not arranged hospital facilities etc.
However you can avail these 12 weeks leave even after post delivery.
87However you can avail these 12 weeks leave even after post delivery.
Dear Gracy Madam
The Maternity Act says"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". Hence the eligible for getting the maternity benefit is 280 days in the twelve months immediately preceding the date of expected delivery. Thats all.
You have to submit a Notice of Pregnancy (I ____wife of/daughter of ____hereby give notice of Pregnancy) duly signed by you and also a Certificate of Pregnancy (I certify that I have examined you today and that in my opinion you are pregnant, and your pregnancy appears to be _______weeks old) duly signed by midwife or Registered Doctor.
I think the above details will fulfil your qurry.
regards
alphonse
94436 25359
From India, Madras
The Maternity Act says"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". Hence the eligible for getting the maternity benefit is 280 days in the twelve months immediately preceding the date of expected delivery. Thats all.
You have to submit a Notice of Pregnancy (I ____wife of/daughter of ____hereby give notice of Pregnancy) duly signed by you and also a Certificate of Pregnancy (I certify that I have examined you today and that in my opinion you are pregnant, and your pregnancy appears to be _______weeks old) duly signed by midwife or Registered Doctor.
I think the above details will fulfil your qurry.
regards
alphonse
94436 25359
From India, Madras
Dear Gracy ,
What is your Gross salary ? If your Gross is <=15000, you are covered undered ESIC and you are entitled to get all benefits from ESIC.
If your gross is above 15000, then you are out of ESIC, and in this case your employer is liable to give you maternity benefits as per Maternity Benfit Act.
Please check this.
Thanks & Regards,
Jeene
From India, Bangalore
What is your Gross salary ? If your Gross is <=15000, you are covered undered ESIC and you are entitled to get all benefits from ESIC.
If your gross is above 15000, then you are out of ESIC, and in this case your employer is liable to give you maternity benefits as per Maternity Benfit Act.
Please check this.
Thanks & Regards,
Jeene
From India, Bangalore
Hi Gracy,
I can understand your concern. But as per my exp. when your employer doesn't have ESI and medical facility in that case I don’t think that he would pay you 3 months salary. He is allowing you 3 months leave I suppose that would be a very big thing as a security of your job.
NM
From India, New Delhi
I can understand your concern. But as per my exp. when your employer doesn't have ESI and medical facility in that case I don’t think that he would pay you 3 months salary. He is allowing you 3 months leave I suppose that would be a very big thing as a security of your job.
NM
From India, New Delhi
Alphonse has give the correct answer.
However, since your Gross Salary is less than Rs.15000/- p.m. you are entitled to coverge under the ESI Scheme.
In denying you your lawful legal benefits/rights, your employer is exposing himself to approprate action by the concerned authotities.
Under the present circumstances you can claim benefits under the Maternity Benefits Act. Your employer cannot deny you this benefit.
( This is not the best of solutions. Ideally you should get benefits under ESI Scheme)
All you need to do is to apply for maternity leave and attach proof of your pregnancy as suggested by Alphone.
Best Wishes,
Vasant Nair
From India, Mumbai
However, since your Gross Salary is less than Rs.15000/- p.m. you are entitled to coverge under the ESI Scheme.
In denying you your lawful legal benefits/rights, your employer is exposing himself to approprate action by the concerned authotities.
Under the present circumstances you can claim benefits under the Maternity Benefits Act. Your employer cannot deny you this benefit.
( This is not the best of solutions. Ideally you should get benefits under ESI Scheme)
All you need to do is to apply for maternity leave and attach proof of your pregnancy as suggested by Alphone.
Best Wishes,
Vasant Nair
From India, Mumbai
Dear All,
It is well said that if Ms.Gracy is drawing a salary of less than Rs.15000/- she is covered under ESI.
But please remember Ms.Gracy has not mentioned whether the establishment is under the purview of ESI act i.e whether the company has an ESI number at all.
Hence, Ms.Gracy needs to clarify this before we can comment on the leave eligibility.
Ms.Gracy what is the meaning of your statement "I am alone employeee in this office". Can you please elaborate your case??
M.V.KANNAN
From India, Madras
It is well said that if Ms.Gracy is drawing a salary of less than Rs.15000/- she is covered under ESI.
But please remember Ms.Gracy has not mentioned whether the establishment is under the purview of ESI act i.e whether the company has an ESI number at all.
Hence, Ms.Gracy needs to clarify this before we can comment on the leave eligibility.
Ms.Gracy what is the meaning of your statement "I am alone employeee in this office". Can you please elaborate your case??
M.V.KANNAN
From India, Madras
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