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Can I get maternity benefit or not - joined December 2018 and my probation period completed in March 2019 - CiteHR

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Meghachitrtora
Dear Sir, This is Megha I m working it IT sector since December 2018 right now my probation period completed in March 2019, I want to know that can I get maternity benefit or not. Please clarify.
From India, Indore
nathrao
3124

You should be eligible having served more than 80 days Provided your company falls under the coverage of MB Act
From India, Pune
Rahul Chhabra
152

Dear megha, To answer this correctly, please tell us if you are covered under ESI or not. Regards Rahul
From India, Delhi
vmlakshminarayanan
586

Hi,
Under the MB Act, a woman is eligible to receive maternity benefit if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery.
Women employed in factories, mines, shops and establishments with 10 or more employees, and other notified establishments, are entitled to maternity leave of 12 weeks, with full wages.
If you are come under purview of ESI, you can receive the Maternity benefits through ESI, else employer has to pay you salary for 182 days ( 6 months) and also should consider any extension request from the employee to nurture the baby but which will be on LWP basis.

From India, Madras
ravi5554
427

Dear Friend,
The act is applicable to all establishments employing 10 or more employees,a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months is eligible to avail the benefit.
Paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the Maternity Benefit Amendment Act, this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and the remaining time can be availed post childbirth.

From India, Mumbai
monika paliwal
29

hello,
I recently joined a private limited company at HR profile. As there were no proper HR department before so I am drafting all HR policies. Company comes under PF, ESI.
should I draft Maternity Paid Leave Policy for those female employees who doesnt fall under ESI scheme?
But management said that they don't want to give free salary, they are ready for Leave Without Pay . Are they correct?
what should I do?

From India, Delhi
vmlakshminarayanan
586

Hi,
I hope your company come under the purview of Maternity Benefit Act. If yes, then it is not at all correct.
Employer has to pay Maternity benefit salary for 182 days ( 6 months). In case of denial employee has right the file a case against employer with Labour department.

From India, Madras
monika paliwal
29

hello, V.M. Sir, How would I know that my company come under the purview of Maternity Benefit Act. I mean what is the basis. Regards
From India, Delhi
vmlakshminarayanan
586

Hi,
Please refer the Act applicability which says
The act is applicable to all establishments employing 10 or more employees,a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months is eligible to avail the benefit.

From India, Madras
monika paliwal
29

yes, currently we have 50 employees..
20 years old company...its a private limited company, already cover in PF, ESI...
so i think my company has to give maternity leaves paid as per low....
and one more thing...
do we have to pay salary at monthly basis when Female employee go to maternity leave?
for example her leaves start from 1st June... so should we release her june
salary in month of July...as we will do for any other employee...
what about when employee after getting maternity leave payment at monthly basis denied to join company?
Regards

From India, Delhi
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