Maternity Benefit

Ask the Community Statutory Compliance
1

Hi,
When is employee suppose to inform company about pregnancy to avail maternity leave benefit ? Is there time line on how soon ? Can employer deny maternity leave benefit if informed very late ?
With work from home, its very difficult to get it disclosed.
Thanks

2 Likes
2

Hi @Chitram

Basically employer cannot deny the maternity benefit. There is specific point mentioned in the Maternity benefit act.

The failure to give notice under this section shall not disentitle a woman to maternity
benefit or any other amount under this Act if she is otherwise entitled to such benefit or
amount and in any such case an Inspector may either of his own motion or on an
application made to him by the woman, order the payment of such benefit or amount
within such period as may be specified in the order.

Additional points on when the women employee has to notify the employer.

  1. Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

  2. In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery.

  3. Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

  4. On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of sixteen weeks after the day of her delivery.

  5. The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a
    child.

3 Likes
3

Thank you so much for the reply @amiths

1 Like
4

An employee is going on maternity leave. Kindly suggest;

  1. how much amount and in how many intervals the amount has to be paid to her under Maternity act?
  2. Any forms are required to get filled by that employee?
  3. To whom Form - K, L and M is to be submitted?
1 Like
5
MATERNITY BENEFIT APPLICABILITY 10 OR MORE EMPLOYEES ARE EMPLOYED ON ANY DAY OF PRECEDING 12 MONTHS
ELIGIBILITY WORKED FOR AT LEAST 80 DAYS WITHIN THE PAST 12 MONTHS
BENEFIT MEDICAL BONUS OF RS 3500
NORMAL - PAID LEAVE OF 26 WEEKS UPTO 2 CHILD
IF THE WOMAN HAS MORE THAN TWO SURVIVING CHILDREN, THE MATERNITY BENEFIT IS FOR 12 WEEKS ONLY
12 WEEKS FOR ADOPTION OF CHILD BELOW 3 YEARS OF AGE
TUBECTOMY OPERATION - 2 WEEKS PAID LEAVE
MISCARRIAGE OR MEDICAL TERMINATION - 6 WEEKS PAID LEAVE AFTER THE PROCEDURE
INCISE OF EMERGENCY, CAN FURTHER EXTEND THE PAID LEAVE FOR ANOTHER 1 MONTH
CRECHE FACILITY FOR 50 OR MORE EMPLOYEES
EMPLOYEE RIGHTS AN EMPLOYER CANNOT DISMISS A WOMAN FOR TAKING MATERNITY LEAVE AND CANNOT SERVE A TERMINATION NOTICE TO A WOMAN ON MATERNITY LEAVE WHICH EXPIRES BEFORE THE MATERNITY LEAVE ENDS.
EXEMPTION AN WOMEN EMPLOYEE COVERED UNDER ESIC, MATERNITY BENEFIT WILL BE PAID FROM ESIC AND NOT FROM EMPLOYER
FORMS FORM B - NOTICE OF CLAIM BY WOMEN
FORM L, M, N & O - ANNUAL RETURN BEFORE 21ST OF JAN
1 Like