Maternity Pay requirements for redundant employee
2 months ago
I have let go an employee due to budget cuts along with others who will be giving birth later this year around July. She believes that she will still fall under the maternity benefits as per Indian Law. She has worked with us over a year and will finish early March. Am I required to pay this, and if so what are the legal requirements?
A.Dear Client,
The Maternity Benefit Act of 1961 permits a woman employee to request maternity leave if she has worked with the employer for at least 80 days in the 12 months preceding the expected delivery date. The Act is applicable to establishments with ten or more employees, excluding those covered under the Employees State Insurance Act, 1948, which also requires ten or more employees for its application. Maternity leave duration for both first and second-time mothers is 6 months or 26 weeks. This leave can be taken either before or within 6 months from the expected delivery date. Employers are obligated to approve maternity leave applications and provide all monetary benefits under the Act. Discrimination based on pregnancy status is illegal, and women employees are entitled to 26 weeks of maternity leave with full pay, with the option to extend in emergency situations recommended by a doctor or medical board. If the employer rejects maternity leave claims or terminates a pregnant employee, filing a complaint with the Labour Commissioner or Factory Inspector may result in legal consequences for the employer.
The Maternity Benefit Act of 1961 permits a woman employee to request maternity leave if she has worked with the employer for at least 80 days in the 12 months preceding the expected delivery date. The Act is applicable to establishments with ten or more employees, excluding those covered under the Employees State Insurance Act, 1948, which also requires ten or more employees for its application. Maternity leave duration for both first and second-time mothers is 6 months or 26 weeks. This leave can be taken either before or within 6 months from the expected delivery date. Employers are obligated to approve maternity leave applications and provide all monetary benefits under the Act. Discrimination based on pregnancy status is illegal, and women employees are entitled to 26 weeks of maternity leave with full pay, with the option to extend in emergency situations recommended by a doctor or medical board. If the employer rejects maternity leave claims or terminates a pregnant employee, filing a complaint with the Labour Commissioner or Factory Inspector may result in legal consequences for the employer.
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A.Dear Client,
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. The Act is applicable to establishments employing TEN or more persons, except employees covered under the Employees State Insurance Act, 1948 which also requires ten or more employees for application of the Act. 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 expected 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. It's illegal for employers to discriminate against a woman employee based on her pregnancy status affecting her maternity rights. She can avail 26 weeks of maternity leave with full pay and return to her job and the leave period may be extended in emergency conditions on the recommendation of the treating Doctor or the Medical Board of the Hospital. So, if her application claiming maternity leave is rejected by the employer or terminates her service during her pregnancy, and if she litigates the matter before the competent authority, that is the concerned office of the Labour Commissioner/ Factory Inspector, State Health Deptt concerned by filing a complaint against the employer company for arbitrary denial of maternity leave that amounted to unfair labour practice, you have to face prosecution and other legal consequences from the concerned authorities.
The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. The Act is applicable to establishments employing TEN or more persons, except employees covered under the Employees State Insurance Act, 1948 which also requires ten or more employees for application of the Act. 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 expected 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. It's illegal for employers to discriminate against a woman employee based on her pregnancy status affecting her maternity rights. She can avail 26 weeks of maternity leave with full pay and return to her job and the leave period may be extended in emergency conditions on the recommendation of the treating Doctor or the Medical Board of the Hospital. So, if her application claiming maternity leave is rejected by the employer or terminates her service during her pregnancy, and if she litigates the matter before the competent authority, that is the concerned office of the Labour Commissioner/ Factory Inspector, State Health Deptt concerned by filing a complaint against the employer company for arbitrary denial of maternity leave that amounted to unfair labour practice, you have to face prosecution and other legal consequences from the concerned authorities.
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