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Maternity Rights

(Querist) 21 March 2011 This query is : Resolved 
Dear Sir,

I am working in a Delhi's Pvt. Ltd. Company for the last 3yrs and my delivery date is very near in next couple of months. In this regard please advise on following doubts which I have:

1) Shall I be eligible for Maternity leave with Full salary?
2) For how many days leave I can avail during Maternity period?
3) During Maternity leave period should I will be eligible to get my salary on every month basis or once I join back to my job then only I will be eligible to receive my complete salary?
4) Maternity benefit comes under which Law & Act?

You are requested kindly provide your valuable advise in the above mentioned points. Your valuable feedback will sort out all my doubts and worries.

Thanks & Regards
Anonymous
RK Agrawal (Expert) 22 March 2011
dear ritu,
as per maternity benefit act 1961 you are eligible to get meternity benefit.
1. If you work 80 days preceding to your date of delivery in your one year you are entitled to get meternity benefit. as you work three year so you are entitled to get the maternity benefit.
2. 6 Week before the delivery and 6 week after the delivery you will get leave with wages.If you are still sick, doctor advise you to bed rest. than also you will get one month leave with wages.
3. When you come to know you are pregnant by filling the form 1, you will get the leave with wages 06 week before the delivery. and after deliver the child and showing the certificate to the organisation within 48 hrs you are getting remaining leave wages.
4. its comes under the maternity benefit act 1961.
If the ESI Act is applicable in your organisation and your payment is less than Rs 15000 than you are getting benefit as per ESI Act.
regards,
RK Agrawal
aggyrajesh@gmail.com
ritu (Querist) 22 March 2011
Thank you very much sir for your valuable advise. I am really grateful to you.

Just wanted to know one thing that my salary is above Rs. 15000/- then in such a case also I need to fill the Form 1 and submit to my employer?

Thanks & Regards
Ritu


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