Maternity law
Swetha
(Querist) 08 June 2013
This query is : Resolved
Hi ,
I Am working in a Big IT firm since 2.5 yr on contract through Third Party company.
My Issues are
1.Third party company says that Women employee is elegible only for Basic pay and that is not paid during materntiy.
2. 3 months Maternity Pay is done only once the employee is joined and worked for next 3 months or else it is not even paid to them.
3. Till now third party has not cleared maternity policy even after continuous follow ups.
Please kindly help if u need more Info.
I'm Under big problem My delivery dates are near.
Regards
Swetha
Rajendra K Goyal
(Expert) 09 June 2013
A short information is as under:
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.
As per latest modification in the law the maternity leave can be extended by an organization from present three months to six months of maternity leave.
A working women also has right to ask for light jobs during pregnancy for eg., jobs that does not require long standing hours or work in section where hazardous substances are not used as per maternity benefit act.
Section 5 of the act are as follow:
5. Right to payment of maternity benefits.-3[(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.]
Raj Kumar Makkad
(Expert) 09 June 2013
You have not told in your query whether the woman employee is working in Govt. sector or private sector without which the concrete information cannot be provided to you.
Swetha
(Querist) 09 June 2013
Hello Sir,
I am working in an MNC through a third party contract company Payroll.
Rajendra K Goyal
(Expert) 10 June 2013
In absence of better Company policy law holds good.
