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Q. Ms Nusra

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Ms Nusra

posted 3 months ago

Q.Ms Nusra
Hi, I have been working for a company as a senior journalist for more than 6 years... I got married in November last year and when I went to put my papers... My editor in chief offered me work from home on the same salary citing it as a regular employment... Now that I am pregnant can I claim my maternity leave... What will be the process... Am I getting a paid leave as I am working from home and how can I claim my gratuity... Please suggest... Will be grateful as I am 4 months pregnant...

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Suneel Moudgil

Experience: 15 Year(s)

Responded 3 months ago

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A. ) why gratuity? are u thinking of leaving the job?
you are entitled to the maternity leave as per the law.

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Ms Nusra

Replied 3 months ago

Thanks sir... I was checking the either way out... I will apply for maternity leave in that case... How many weeks leave can be granted in that case...

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Suneel Moudgil

Experience: 15 Year(s)

Replied 3 months ago

you are entitled to a maternity leave of 26 weeks

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Ms Nusra

Replied 1 month ago

Hi Sir, I have applied for the leave but my employers are not reverting to the mail and are extending by saying will revert shortly. What if they deny maternity benefits? How can I go legal in that case.

Thanks

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Suneel Moudgil

Experience: 15 Year(s)

Replied 1 month ago

send them an application reminding provisions of the act with advice to revert immediately considering the present scenario

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Ms Nusra

Replied 1 month ago

Thanks so much... Will do that

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Suneel Moudgil

Experience: 15 Year(s)

Replied 1 month ago

you are welcome

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 months ago

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A. ) Dear Madam,
In order to protect the rights of women employees during pregnancy and after childbirth, Indian law makes it mandatory for most establishments to offer maternity benefits to women employees. Maternity benefit in India is mainly governed by the Maternity Benefit Act, 1961 that applies to all shops and establishments with 10 or more employees.
The Maternity Benefit Act originally provided maternity benefit of 12 weeks, out of which up to six weeks could be claimed before delivery.
The law also allows employers to permit women employees to work from home in addition to the maternity benefit period if the nature of work allows that.
The law was further amended in 2017 to make it mandatory for establishments with more than 50 workers to establish creches. Mothers are entitled to visit the creches up to four times a day and to two nursing breaks per day in addition to any other breaks that are available as a matter of course, until the child attains the age of 15 months.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 3 months ago

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A. ) If they are not terminated you the you can claim it

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