Maternity Benefits Related Questions
3 months ago
I am 8 months pregnant.I am eligible for the maternity Benefits as I have served in the company but the problem is my employer is saying either you take 50% of pay for 3 months and 3 months will be loss of pay or in case you did not agreed upon then since we are bounded we will pay you 6 months but not giving the job security that you can join.we will find a replacement for you and can ask you resign.And they are not saying in on mail.They are conveying this to me.direcrly on indirectly infact they have started looking for my replacement.Now if I avail the benefits they are going to fire me after 6 months.
Your pregnancy cannot be a ground for your termination from service. If the Company is contemplating taking any such illegal action against you for seeking benefits extended to a female employee under a statute/Act, then they may face worse consequences once you bring the matter to the notice of competent authority. The Maternity Benefit Act 1961 states that a woman employee can apply for Maternity leave even on a probation period if she has worked with the employer for 80 days in the last 12 months immediately preceding the date of her expected delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. It's illegal for employers to discriminate against a woman employee based on her employment status and pregnancy status. You are entitled to avail of 26 weeks of maternity leave with full pay and return to your job and the employer can not fire you from the employment because of absence from work owing to pregnancy. So, if your application claiming maternity leave is rejected by the employer or tries to twist with the provision of the relevant Act, or threatens you with termination, reach out to the office of the State or Central Labour Commissioner concerned to file a complaint against the employer for arbitrary denial of maternity leave or for illegal termination from service either in course of maternity leave or on resumptions of duty after sanctioned leave for redressal of your grievance. You can also bring the matter to the notice of the Directorate of Health and Family Welfare of the State and the Chairperson, State Women Commission seeking appropriate relief.
It is essential to prioritize your rights and well-being during pregnancy. In this situation, it's advisable to document all communications with your employer and insist on having any agreements or changes to your employment terms in writing. Maternity benefits are crucial for your financial security during this period, and employers are generally obligated to provide them as per labor laws. If your employer insists on such terms, consider seeking advice from a legal professional or your HR department to understand your rights and options. Additionally, you may want to discuss your concerns openly with your employer, expressing your commitment to your job and seeking reassurance about job security. If the situation remains challenging, consulting with a legal professional can help you navigate potential issues and ensure you receive fair treatment during your maternity leave and beyond.
Thankyou
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Maternity benefit
Mediclaim Policy - First 2 living children
mpocket loan
Maternity Pay requirements for redundant employee
Leave without Pay
