It is applicable to you completely. There is no provision barring you the said facility of maternity benefits. You can complaint to the inspector in the said Act if they are not extending you the facility
Hi sir, I work as a teacher and have completed 10 months in the month of April with the school, the school is a private unaided school and have rejected my maternity leaves stating its a rule by (Private Unaided School act of Maharashtra). And the principles has informed the office staff that I have reigned , however I have not put a resignation.
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It is applicable to you completely. There is no provision barring you the said facility of maternity benefits. You can complaint to the inspector in the said Act if they are not extending you the facility
1. File a writ petition before high court seeking directions, the school cannot deny you benifit of maternity leave on the above cited ground.
I'm on probation period , I can still avail the maternity benefit right?
Respected madam...
Prior to 2009 that was not rule in the private unaddid school but in that year that was a gift givin by the state on the occasion of women day now it is your right you can avail maternity leave of six months .....and if your school is not providing you relief then you can sue them in court of law..
Thank you
Fit case to approach the High Court and seek benefit of maternity leave as you are otherwise eligible for in terms of the Maternity Benefit Act.
Yes, even probationers are entitled for the benefit of maternity leave.
In case you have worked for more then 160 days in proceeding 12 months then you will be entitled to benifit.
Hi
Yes maternity leave can be availed in probation period also.
Did you get anything in written about the resignation order?
Ask the office to give you in written about the resignation matter, than file a specific performance suit against the school for providing you with the maternity leave.
No women shall be entitled to maternity benefit unless she has actually worked in an establisment of the employer from whom she claims maternity benefit ,for a a period of not less than eighty days in the tweleve months immeditately precedding the date of her expected delivery.
2) in your case you would be eligible for maternity leave
3) you continue to be in service as you did not resign
1. you are entitled for the maternity benefit,
2. you can avail the benefit in the probation period,
3. moreover, 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.
Also, an employer can’t change the terms of service to the woman’s disadvantage during her maternity leave.
send a written representation to the school authorities with a copy to the concerned District Education Officer, Education Minister, Chief Minister, and to the Chairman of the affiliated Board
Madam,
You are suggested to write humble application to concerned education department of the district and the state education ministry (ministry of HRD) as well as ask for the action against the school management. It is informed that though the school is unaided but some laws are made for them also and they can't act as per their will and wish.
In order to be eligible for benefits guaranteed under the Act, the woman employee must have worked for at least 80 days during the 12 months.
Every organization is bound to grant ML. Complain online to ministry women welfare.
You have to check whether your private school has obtained a "Certificate of shops and establishments" Act. Then you are entitled for Maternity leaves.
See what the Act says: 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.
If your employer still denies you to give benefits then ask from him in writing.
Remember that employers are required to inform women in writing and electronically about the maternity benefits available under the Maternity Benefit Act upon their joining the workforce.
Yes, you can avail Maternity Leave and you are entitled for the same.
Further, even if you are on probation you are entitled for leave.
The basic requirement is, you have to complete 160 days of service at the time of making application.
- As per law, after passing the Maternity Benefit (Amendment) Bill, 2016, all working women in the country is entitled to get six months maternity leave.
- Further this acts applicable as under :-
1. For mothers with more than two children, the maternity leave benefits will only cover about 12 weeks.
2.This Act is applicable to all organizations that employ 10 or more persons.
3. This is available for women working both in the private sector and public sector.
4. The Act provides an adoption leave of 12 weeks for a woman who adopts a child under the age of 3 months.
5. The maternity leave with full pay is granted on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery.
6. The maternity benefit is awarded at the rate of the average daily wage for the period of a worker's actual absence from work.
7. Apart from 26 weeks of salary (& 12 weeks of salary for an already mother of two), a female worker is entitled to a medical bonus of 3,500 Indian rupees.
8. Under the National Food Security Act 2013, pregnant women and lactating mothers are entitled to receive maternity benefit of at least Rs. 6,000.
9. The Act further requires that subject to such schemes, as may be framed by the Central Government, every pregnant woman and lactating mother will be entitled to free meals during pregnancy and six months after the childbirth, through the local Anganwadi, so as to meet their nutritional needs.
- Yes, you can avail this right , even on probation period, because you have already worked more than 80 days.
- Hence, you school management cannot refuse you to grant maternity leave legally, even the school is private, and further , if the principle violates the maternity benefit law and maternity rules in India then he/she is liable for punishment of imprisonment for 3 months, and fine with an amount up to Rs. 5000, or both, as per the rules for maternity leave in India.
- Firstly lodge your complaint before the the Local Women’s Welfare Department , and Education department in Pune.
- Further , if no response, then file your Written Complaint with the Labour Commissioner
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In order to be eligible for benefits guaranteed under the Act, the woman employee must have worked for at least 80 days during the 12 months immediately preceding the date of her expected date of delivery of child in that particular establishment.
Previously under Maternity Benefit Act, 1961, women employees were entitled to a fully-paid maternity leave of absence from work for 12 weeks. However, after the implementation of Maternity Benefits (Amendments) Act, 2017, the period of fully paid leave was increased to 26 weeks. This allowed new mothers to heal better and catch up on some sleep as well as rest before joining back to their work.
it is absolutely illegal to dismiss or discharge an employee any time during her pregnancy, where the employee would have been eligible to maternity benefits or medical bonus guaranteed under the Act.
Any employee, whether contractual, or on probation, can avail maternity benefit, provided she has worked in the establishment for 80 days in the 12 months preceding the date of delivery. However, sadly, these provisions of the law do not cover the unorganised sector, which employs a large number of women.
Every shop or establishment, in which ten or more persons are employed, comes under the purview of law to grant a paid maternity leave.
You may approach the law enforcing agency i.e. the area labour office of your area in case the employer fails to comply.
Habe you worked 80 days in a year. Then you are eligible. If not a year then average of above days. Probation period covered by the Act. For any assistance contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1. Consultation charges applicable.
Ans: If the principal is forcing you to come to the school, then inform the state education authority that despite cases being on the rise the principal is asking teachers to come to school. Even if youre on probation in these times or no you are allowed maternity leave . No person can deny or take away that right from you.
if your employer denies you the same you can file a case against him in the labour court or the civil court seeking maternity relief benefits and compensation.
1. You are eligible for maternity benefit if you have worked for a period of not less than eighty days in the twelve months immediately preceding the date of your expected delivery.
2. If you have not resigned then you can continue to work.
1. School cannot deny your maternity leave even if it is private unaided school.
2. If school is denying your maternity benefits and forcing you to resign then you can make complaint against school to education department of your district.
Even if you are on probation period maternity leave cannot be denied to you although you have to put in more time as compared to tge permanent ones. She cannot state lies about you. This is illegal.