• Maternity leave

My wife works with a App development and designing company in Mumbai for last 3 to 4 years.

She is 3 months old expecting mother. She informed the owner/Director about her maternity and asked for Maternity benefit. 

She was informed there is no such facility in the company.

Company has close to 12 employees including 2 directors.

Please advise if she is eligible for 6 months leave and what to do if the director/owner does not follow maternity laws of Indian Government
Asked 2 years ago in Labour

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

Yes she is eligible under Maternity benefit act, further she will be eligible for 26 week of maternity leave under the Maternity Benifit amendment Act.

Any establishment having 10 or more than 10 members has to provide the benifit.

If employer is not granting such benefit file a petition in high court to direct the employer .

Refer the link to get highlights of act

http://www.mondaq.com/india/x/582670/Employee+Benefits+Compensation/Maternity+Benefit+Amendment+Act+2017+Is+Effective+From+1+April+2017

Shubham Jhajharia
Advocate, Ahmedabad
25493 Answers
111 Consultations

5.0 on 5.0

Dear Cleint,

Maternity benefits to workers in the private sector are regulated under Employees’ State Insurance (ESI) Act, 1948 and Maternity Benefit (MB) Act, 1961 in which ten or more persons are employed.

read Sec 2 of Maternity Benefit s Act.

If employer do not agree, complain to Inspector appointed in this regard.

Yogendra Singh Rajawat
Advocate, Jaipur
21344 Answers
31 Consultations

4.4 on 5.0

File a case of harressment on the owner and operating office of the company and push them to provide the statutory benefits.

Vimlesh Prasad Mishra
Advocate, Lucknow
6783 Answers
23 Consultations

4.9 on 5.0

The Ministry of Labour and Employment, Government of India ("Ministry of Labour") vide Official Gazette notification dated 31 March 2017 has appointed 1 April 2017 as the date on which the Maternity Benefit (Amendment) Act 2017 ("MB Amendment Act") has come into force.

The key features are -

Increased Paid Maternity Leave: The MB Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. Under the MB Amendment Act, this benefit could be availed by women for a period extending up to 8 weeks before the expected delivery date and remaining 18 weeks can be availed post childbirth. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).

Maternity leave for adoptive and commissioning mothers: The MB Amendment Act extends certain benefits to adoptive mothers as well and provides that every woman who adopts a child shall be entitled to 12 weeks of maternity leave, from the date of adoption.

Work from Home option1: The MB Amendment Act has also introduced an enabling provision relating to "work from home" for women, which may be exercised after the expiry of the 26 weeks' leave period. Depending upon the nature of work, women employees may be able to avail this benefit on terms that are mutually agreed with the employer.

Crèche facility: The MB Amendment Act makes crèche facility mandatory for every establishment employing 50 or more employees. Women employees would be permitted to visit the crèche 4 times during the day.

Employee awareness: The MB Amendment Act makes it mandatory for employers to educate women about the maternity benefits available to them at the time of their appointment.

Devajyoti Barman
Advocate, Kolkata
21543 Answers
311 Consultations

5.0 on 5.0

The Maternity Benefit Act protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons

2) your wife is entitled to 6 months maternity leave ...

3) draw attention of employer to provisions of maternity leave benefits act as duly amended in 2016

Ajay Sethi
Advocate, Mumbai
78826 Answers
4739 Consultations

5.0 on 5.0

1)Check the company policies that what its has been made in the agreement and in the company bye laws in the registration with the registrar.

2) All SOP's with the employees and materinaty leave as per the law they had applied or not please check all details and whether the company is private , partnership or enterprises type registered.

Ganesh Kadam
Advocate, Pune
11563 Answers
107 Consultations

4.9 on 5.0

If your wife comes under the definition of employee then she is eligible and if not then Nio......

and if yes , then you have to send her a notice

Aameer Kale
Advocate, Greater Mumbai
7 Answers

4.0 on 5.0

Hi , a women cannot be denied a maternity leave irrespective whether in a private or a govt. sector .. she can take a leave with giving a prior notice as she is not In a state to get involved in legal proceedings ..If they take any stringent action she can approach court later , for compensation

Hemant Chaudhary
Advocate, Gurgaon
4579 Answers
41 Consultations

4.9 on 5.0

As per Maternity Benefit Amendment Act has increased the duration of 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.

Since the company has more than ten employees your wife is entitled for paid leave. If they do not follow you can complaint to inspector who are designated as per act against company.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hello

Send a letter to the labour commissioner .

Inform the same to the director in writing.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2888 Answers
6 Consultations

4.7 on 5.0

As per new Maternity Act, every company irrespective of its size plus status like government or private would have to give leaves to the pregnant one.

I’d they deny then they might loose their verification also.

Ask your wife to give them a legal notice for the same though I know that after it things would be changed in the office but if they further harass then change the job plus file a case for mental harassment on the company, plus ask for the heavy compensation for the period you don’t find new job.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Woman employee should have minimum 80 working days to her credit in last 12 months counting from start of maternity leave to be eligible for maternity benefits in that organization. This law also stipulates that all working women are entitled for minimum 12 weeks of maternity leave. And at most 6 weeks may be taken before the day of delivery.

Large PSUs/Public limited companies, public /private sector banks and larger private sector companies grants maternity leaves to their women employees, varying from 90 days to 180 days. Some organizations also permit their women employees to extent leave upto one year (with or without pay). They even provide the facility to cover expenses during delivery in a good hospital for all employees

T Kalaiselvan
Advocate, Vellore
68858 Answers
929 Consultations

5.0 on 5.0

The Maternity Benefit Act 1961 states that any woman who completes Eighty days of employment in the any organisation, is entitled to maternity benefit as per this act. It does not matter that the woman is on contract or temporary or permanent employment or married or unmarried. If your wife has completed 80 days in the designing company then she is entitled to maternity leave and maternity bonus.

The employer can be taken to court on this especially in view of the latest ruling in this which is effective through out the country.

You can do the following:

1. File a complaint before the HR department;

2. Send your employer a legal notice;

3. You can approach the Labour court/Labour commissioner.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

The Maternity Benefit Act, 1961 ("Maternity Act"):

1. provides for maternity leaves and certain other benefits such as leave for miscarriage or medical termination of pregnancy, leave with wages for tubectomy operation, payment of medical bonuses etc.;

2. is applicable to factories, mines, the circus industry, plantations and shops and establishments employing at least 10 employees ("Covered Establishments"), except female employees who are covered under the Employees' State Insurance Act, 1948 ("ESI Act");

3. provides maternity benefits to female employees working in specified establishments and excludes women in the unorganized sector;

4. entitles female employees in Covered Establishments to receive maternity benefits if they have worked with the employer for at least 80 days in the 12 months immediately preceding the date of expected delivery ("Eligible Employee").

5. In addition to the Maternity Act, certain other labour laws in India also provide for maternity benefits. The ESI Act provides for payment of wages to an insured woman, during her 26 week maternity leave. Women employed in newspapers or working as journalists are also entitled to maternity leave of 3 months under the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955. Similarly, female employees working in factories are entitled to 3 months of maternity leaves with full wages under the Factories Act, 1948.

T Kalaiselvan
Advocate, Vellore
68858 Answers
929 Consultations

5.0 on 5.0

It I s applicable to factories, mines, the circus industry, plantations and shops and establishments employing at least 10 employees ("Covered Establishments"), except female employees who are covered under the Employees' State Insurance Act, 1948 ("ESI Act");

provides maternity benefits to female employees working in specified establishments and excludes women in the unorganized sector;

entitles female employees in Covered Establishments to receive maternity benefits if they have worked with the employer for at least 80 days in the 12 months immediately preceding the date of expected delivery ("Eligible Employee").

2) your wife is entitled to 6 months leave and not one month as offered by employer

Ajay Sethi
Advocate, Mumbai
78826 Answers
4739 Consultations

5.0 on 5.0

File a writ petition in the high court you will get the instant relief as per the provisions of the Maternity benifit Act they have to provide the leave. Yes if more then 10 employees in the establishment the leave has to provided.

Shubham Jhajharia
Advocate, Ahmedabad
25493 Answers
111 Consultations

5.0 on 5.0

you need to have 10 employees to avail maternity benefits

2) if employer had 10 or more employees in last 12 months employees should be granted benefit even if current strength is less than 10

3)An Executive Director or whole-time Director is someone in full-time employment of the company.

Ajay Sethi
Advocate, Mumbai
78826 Answers
4739 Consultations

5.0 on 5.0

Maternity benefits to workers in the private sector are regulated under Employees’ State Insurance (ESI) Act, 1948 and Maternity Benefit (MB) Act, 1961 in which ten or more persons are employed.

read Sec 2 of Maternity Benefit s Act.

If employer do not agree, complain to Inspector appointed in this regard.

Director is not employee.

Yogendra Singh Rajawat
Advocate, Jaipur
21344 Answers
31 Consultations

4.4 on 5.0

1. There are to be at least 10 employees.

2. The law is clear about the provision of law in this regard.

3. The director is also an employee of the company even though he may be a partner because he draws salary.

T Kalaiselvan
Advocate, Vellore
68858 Answers
929 Consultations

5.0 on 5.0

1. 10 or more then 10.

2. See will still get the benefit. Every shop or establishment wherein 10 or more persons are employed or were employed on any day of the preceding 12 months.

3. if the directors take remuneration to preform the specific function in the company then yes.

Shubham Jhajharia
Advocate, Ahmedabad
25493 Answers
111 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer