Maternity leave benefit
Vijaya Bhaskar
(Querist) 19 June 2016
This query is : Resolved
Dear Learned Experts
My cousin is working in a school as a teacher since 2 years.The institution is registered under ESIC. Her present salary is more than 15000. Upon approaching the management for Maternity Leave, the management expressed that she is not eligible for Maternity Leave as she has crossed 15000/-. In this situation can she claim the maternity leave benefit from the employer?
Devajyoti Barman
(Expert) 20 June 2016
First check whether Maternity Benefit Act, 1961 covers your establishment or not.
Most govt organisation and private sectors are covered by this Act.
If yes then bar of salary is no restraint.
Under section 4 and 5 of the the Maternity Benefit Act female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. Out of these 12 weeks, six weeks leave is post-natal leave. In case of miscarriage or medical termination of pregnancy, a worker is entitled to six weeks of paid maternity leave.
P. Venu
(Expert) 20 June 2016
The final word on availing benefit under ESI lies not with the management but with the ESI authority. Please consult them.
If she is not entitled for maternity benefit under ESI, the management themselves is under the obligation to provide the same.
Rajendra K Goyal
(Expert) 20 June 2016
Have she applied in writing and was denied in writing?
Salary may not be a criteria to refuse maternity leave.
Kumar Doab
(Expert) 20 June 2016
Submit the information ( Dr Rx showing tentative date of pregnancy) to the good offices of appointing authority in writing under proper acknowledgment and request to supply requisite forms if any by Redg. Post and apply for Maternity Leave/benefits.
Let them reply in writing.
What is this school;private,aided/govt etc?
Vijaya Bhaskar
(Querist) 20 June 2016
Thanks a lot to each expertise for your instant advices. I appreciate your kind suggestions and guidance on this matter.
This School is a private.
Kumar Doab
(Expert) 31 October 2016
Let them reply in writing.
Or approach the Inspector appointed under the Maternity Benefit Act.
Vijaya Bhaskar
(Querist) 31 October 2016
OK thank you Mr Kumar Doab for your generous advise.
Rajendra K Goyal
(Expert) 01 November 2016
May proceed as advised by the expert Kumar Doab.
