Maternity benefit

"Every women employee who has actually worked in an establishment for a period of at least 80 days during the 12 months immediately proceeding the date of her expected delivery, is entitled to receive maternity benefits under the Act"

"A pregnant lady on probation is entitled to maternity benefits as per the Maternity Benefit Act, 1961."

Kindly look into the attachment and go thru a very informative discussion at LCI, link of which is given below:

https://www.lawyersclubindia.com/forum/Maternity-benefit-act-amendment-50337.asp

“Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus”

It is not clear upto what extent the contention of the institute is correct?

Valuable advice of learned experts/members is sought.

Hi Mr Kumar,

What should I do in this case? Where can I file complaint about this. Alao in case we make any complaint against the institute, what if they fire my wife?

Thanks for your valuabel time..

First of all apply for maternity leave as described in the ac. In writing under acknowledgment .Let the college deny in writing.

Kindly go thru the provisions of the act, especially:

4. Employment of, or work by, women prohibited during certain period.

6. Notice of claim for maternity benefit and payment thereof

12. Dismissal during absence or pregnancy. –

You shall be aware of the complaint process also.

You can check with Pune University to confirm the contentions of the college authorities are correct or not? You can use RTI route also.

It shall be highly unfortunate if the college resorts to unfair means of firing the employee.

Although, it shall be detrimental to the college, but it is your call to proceed for availing the rightful maternity leave or not.

Valuable advice of learned experts/members is sought.

Please approach the local labour commissioner's office and file a complaint. THere would be a form available under the Maternity Benefits Act, which can be signed by your wife. No employer can terminate an employee during the period of maternity leave - statutory period is 6 weeks before the expected date of delivery and six weeks after date of actual delivery. During the six weeks period after delivery,  the employee cannot work and it is a prohibited period. Further leave also may also be available based on health/complication if any arising out of the child birth. You can buy the Maternity Benefit Act - bare act for Rs.30/- from any bookshop seeling law books t to understand these provisions - simple text.

vasudevan

Please approach the local labour commissioner's office and file a complaint. THere would be a form available under the Maternity Benefits Act, which can be signed by your wife. No employer can terminate an employee during the period of maternity leave - statutory period is 6 weeks before the expected date of delivery and six weeks after date of actual delivery. During the six weeks period after delivery,  the employee cannot work and it is a prohibited period. Further leave also may also be available based on health/complication if any arising out of the child birth. You can buy the Maternity Benefit Act - bare act for Rs.30/- from any bookshop seeling law books t to understand these provisions - simple text.

vasudevan

Thanks a lot Mr Kumar and Mr Vasudevan.

Hi,

My wife was working as a shiksha mitra in district lakhimpur kheri UP during 2003 to 2009, In April 2009 she fall down from stairs with 6 month's baby in overy, we admitted her in gurgaon nurshing home - gurgaon, where i was working, she delievered baby on 20.07.2009, both (Mother and Baby) could recover by sept 2009.

since the problem arrived in sudden, so we could not provide the proper leave application in written, we informed to school principal and village education cometee over phone, both has confirmed us that continue your treatment and come along with medical certificates, we will consider your leave as maternity leave. we were continue in touch over phone with principal and village education cometee during treatment, when we come back to school along with medical certificates and applications, school principal advise to visit ABSA office, he has terminated you.

when we went to ABSA office, he told me you were not informed us in written so action has taken, there is no verbal confirmation accepted in this case so based on ABSA inspection report BSA lakhimpur has terminated my wife.

we approched to BSA along with proposal of rejoining by village education cometee and medical treatment papers and medical certificate, he told us to approach to ABSA.

From september 2009 to till now, we are running from ABSA to BSA office with present proposal of village education cometee but there is no one is ready to re-join me. also they are not giving me termination letter.

she attended lot of trainings while her service from feb 2003 to april 2009, her perfomance also were excellent during servise but due to sudden problem arrieved we couldn't confirm in written to concern authority although the verbal confirmation were there, they has terminated my wife.

Village education cometee is still wanted to re-join her but ABSA & BSA is not ready.

Pls respond, if is there any posibility to rejoin her legaly. call me feel free any time at 9917475510.

Thnaks in advance.

Rgds

Ravi

@ Ravi,

The lady may submit the detail of information of accident, emergency, operation, delivery, recovery, supplied verbally to the concerned authorities and subsequent representations. It is believed lady was bed ridden and on recovery went to submit the application on prescribed application format.

It shall be appropriate to consult a competent and experienced labor consultant/lawyer/law and submit structured and properly drafted representation to favor the lady in the long run.

 Apparently the matter does not seem to be weak.

What are the terms of conditions of Shiksha Mitra, whetehr it is causla/adhoc or regular Govt service. Who is the appointing authroity. What was the constrain innot submitting application for 6 months. Proper reply will depned on these facts.

@Mr. Kumar,

Thanks a lot for your prompt response.

May I Request you to suggest me competent and experienced labor consultant/lawyer/law in high court allahabad (UP-Lucknow bench) to submit structured and properly drafted representation to favor the lady?

Rgds

Ravi

Dear Mr. Sudhir,

Thanks for your response.

Desired information as following-

What are the terms of conditions of Shiksha Mitra, whetehr it is causla/adhoc or regular Govt service & who is appointing authority---Shiksha Mitra is a para teacher on contract basis, appointed by basic education department uttar pradesh, refered by village education cometee. Its a contract teacher position re-new every year, she was working since feb 2003 and incident happened in 2009.

What was the constrain innot submitting application for 6 months----The constrain was she was teaching and living at my home town bankeyganj, distt- lakhimpur kheri, once she fall down at home during pregnency period in april 2009 with six month baby, she informed to principal of her school and went to with her husband in gurgaon and started to continue cheking as presscribed by doctor in gurgaon nurshing home - gurgaon, she delieved baby by operation in 20 th july 2009, her weight were approx 39 kg after delievery so docter prescribed to take rest before move to work. Her medical history will be avilable in the data bank of hospital. as per our request docter given us a certificate that she is under my prescripttion & supervision from april 2009 to september 2009, now she is fit for work.The same information shared with principal time to time.

We went to school for joining with medical certificate and application, principal told us to visit ABSA office, when we reached ABSA Office ABSA told us to visit BSA office(Basic education officer, distt- kheri, UP), when we approached BSA Office, he noted on her application that ABSA, do the needfull as per procedure, when we revisit to ABSA Office with coment of BSA on our application, he also put a coment on our application BSA that Sir, you have terminated her by letter no  this this..pls do the needful from your office. when we visit to BSA office BSA told us approach to ABSA we have terminated you based on his inspection report.

No one is giving us exact reason for the same, we are approching both office (ABSA & BSA) from last 1.3 yrs.

Now we have send a RTI application to have the reason for same and awaiting for response...

Hope you, clear the subjected matter, you are requested to advise us get back of her job, needs to share with you contract teached (Shiksha Mitra) also going to be permanent teacher, processing is going on of others.

there are 3 more shiksha mitra in our knowledge who delivered baby during job, we have approched to them to get the information, those are told us we have given some brive amount to ABSA and we maked all present in our record, but in our case we couldn't offer to ABSA for any bribe..

Rgds

ravi

The list of related lawyers is given on bottom of this web page.

Following lawyers are listed in LCI list of lawyers from UP:

Kirti Kar T

prabhakar singh

Dr. V.N.Tripathi

You can click on their profile and get in touch with them.

Kindly look into the attachment : You may find relevant information. However kindly check with your lawyer and your lawyer shall be the best judge to suggest the remedy and approach to seek relief.

--- Maternity Leave application rules

can we inform to our seniors for maternity leave application over phone in case of any emergency.

Yes sure, there is no hard

Yes sure, there is no hard and fast rule and you can even apply for ML after delivery.

----maternity leave

i m 7654 candidate in punjab govt teacher on contract basis .how many days are allowed for me

As per maternity benefit act

As per maternity benefit act it is allowed: https://www.maternityleaverules.in/maternity-leave-faq-central-government... . One lady even won in high court against Punjab govt.

As per maternity benefit act

As per maternity benefit act she is allowed to take maternity leave. It does not make a distinction between a permanent and contract employee. Only that she should have worked for 80 days in the last year.

Kindly follow the valuable advise from learned Mr. Sudhir Kumar.

Kindly examine maternity benefit according to the Maternity Benefit Act, 1961 & the Rules of your State.

You may find the attachment useful.

Mr. Kumar,

Thanks from depth of heart.

Rgds

Ravi