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. A CL may not be clubbed with maternity leave otherwise it'll be taken as part of maternity leave. However you can take maternity leave at any time during your leave of any kind.
Paid maternity leave denied while being a dnb trainee
I had joined dnb general edicine course in a well reputed institution in kerala on 9th may 17 . I took maternity leave from 17th july 2017 . I was denied the pay for my maternity leave because they said i availed my maternity leave before completing 80 days in that institution . No where in dnb norms have they mentioned about such a clause . My delivery date had fallen in the availed period of maternity leave . Management is d3nying me the pay for the maternity leave . How should i proceed? The clause that they mentioned is for an employee in that institute . I am a pg trainee and my rules have been set by the board isnt?
Asked 7 years ago in Labour
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4 Answers
1) make representation before institution that you be paid maternity leave
2) that it is not necessary to complete 80 days to avail maternity leave for trainees
3) if management refuses sue the institution to recover your maternity leave
Dear Client,
No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days] in the twelve months immediately preceding the date of her expected delivery.
You are missing 8 to 10 days to become eligible.
If you are aggrieved by the decision then you may take up this matter with the higher authority because by the time you get a sanction from court, you may deliver the baby.
If you are confirmed that the PG trainee is also entitled for maternity leave and benefits, you may issue a legal notice also to the authorities concerned .
