Maternity leave compensation Maternity leave compensation

6 months ago

My company is refusing to pay any amount and giving reason that I have informed for leave immediately not before 3 month.
I applied for leave on 3q March 2023 and delivered on 18 April 2023.
Please let me know how can I get benefits?

Anik

Responded 6 months ago

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A.Dear Client,
In India, the Maternity Benefit Act, 1961, governs maternity benefits for women employees. According to the Act, you are entitled to maternity leave if you have worked for your employer for at least 80 days in the 12 months immediately preceding your expected date of delivery. The Act does not specify a requirement for providing notice three months in advance. It's more about the duration of your employment before the expected delivery date. Go through your employment contract and your company's HR policies to understand the terms and conditions regarding maternity leave.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
Your query requires a few more details like the date of joining, length of service rendered by you before delivery etc. However, it is to inform you that as per the provision of the Maternity Benefit Act, 1961, an employee is entitled for maternity leave with full pay on completion of at least 80 days of work in an establishment in the 12 months prior to her expected date of delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. So, when the delivery date is 18/04/2023 and you applied for maternity leave on 03/03/2023 and you did not render 80 days of work before applying for maternity leave, then as per the eligibility criteria prescribed under the Act, you are not eligible for the maternity leave.
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