Maternity Benefit Act Reg.

dkm_2k (Querist) 03 June 2008 This query is : Resolved
My wife could not go to office because of illness during her pregnancy from October 2007. Doctor strictly advised bed-rest on account of previous miscarriage and present conditions. She informed the same to office in timely manner. The boss asked to give leave in one shot and not in months' durations. Doctor told rest is actually needed as the pregnancy is high risk and gave a certificate in one shot. The same was intimated with an indication that maternity leave will be applied at the required time. She applied leave well in time and there was no response of communication. She delivered the baby in the meanwhile which was informed by me to her boss by email. Later the leave was approved conditionally saying the approval is pending her joining back. She shall join back in November 2008. Is it correct on part of the employer to hold the benefit giving such a reason. Is it not against the law under which women are protected? Employer says that they can terminate her services without giving any benefit and they do not believe in any medical certifiate. The certificates are from treating doctor (Central Govt. Health Scheme Dispensary). What best can be done in order to come out of the situation? If my wife is unable to join back, can the company refuse her benefit? Shall we take legal help now or later? We shall be having a strong stand later? The employer has yet not refused but conditionally approved leave and told they will be approved after her joining back only. Kindly help if somebody can. Thanks in advance.

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Guest (Expert) 04 June 2008
The employer is bound by the ACt and cannot take the stand he is trying to take. He has no right to refuse or stop the benefits avaialable to you. Keep the communications given to the employer safely and when you join, you can get the matter settled. If there is problem from his side, you can take legal recourse.

dkm_2k (Querist) 04 June 2008
Thanks for the response sir. I would like to know further that email communications are considered as valid intimations or no. The emails have not been acknowledged. Another query is that can the postponement be considered valid? Will not the legal system say the lapse in time is a weakness from our side and that we should have reacted then itself? Further God forbid if my wife is unable to join, company is still liable to pay us these benefits without unconditionally and we shall not be weak in that case??

Guest (Expert) 05 June 2008
The only condition that binds the employer to provide a maternity benefit is that during an employment, the person whose is capable of availing a maternity benefit should make a claim. In the normal course of business, the employer is bound by law to provide the benefit, without attaching any strings to the benefit.

Email communications are valid, but better to have written letters evidencing or claiming the sending of email. In India, e correspondance is yet to gain recognition.

The employer if law abiding will be no options but to pay.

dkm_2k (Querist) 05 June 2008
It means that if she is unable to join she will have to take legal recourse to extract the benefits with-held unreasonably.

Guest (Expert) 11 June 2008
It depends on the action taken by the employer for non reporting to duty without resignation or illegal absence.

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