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Bemore_it6 (programmer)     07 April 2011

Maternity compensation

 

I was working in a PVT LTD company.I had joined on Jan 2009 ,got my confirmation on April2009 ,then I went on maternity leave from 1st Oct 2009,when I went on leave I had completed 7 months of pregnancy .But before going on leave when I askeed my employer about maternity compensation then he told that only employees wh completes 1 year in organization are liable to get maternity benefits.I deleivered son iin Dec 2009.I took total 8 months maternity leave (including 2 months before delivery and 5 months after delivery ) and joined back in May 2010 ,worked for next 6 months i.e. till Nov 2010 and left the company.

But later I came to know about maternity benefit act.

I submitted maternity leave application to HR,but I dont have any copy of it.

So can I claim for maternity compensation now,also what documents I need to gather in my support.

 



Learning

 5 Replies

Kumar Doab (FIN)     07 April 2011

Most of the companies provide group Mediclaim to employees and on joining the forms are provided for submission to emplyer for inclusion in mediclaim policy.The premium is usually adjusted in CTC of the employee.

You had joined duties after maternity leave and worked for next 6 months.

You must have received salary slip.

You may use your rapport and obtain leave policy of the company from any of your colleagues.Many companies keep the picies on their intranet.

You may lodge your claim by registered post/under receipt at reception of the comany  and let the company reply.

Bemore_it6 (programmer)     08 April 2011

when I went on my maternity leave I completed total 9 months (including 7 months of pregnancy )in the company and was permannt too,till the date I went on my maternity leave there was no group insurance premimum deduction its showing in my salary slips,but when I joined after delivery an 117 Rs were deductd for  health guard and accidental insurance.The company is too small,so I know there is no document which gives company leave policy....

V. VASUDEVAN (LEGAL COUNSEL)     09 April 2011

Insuracnce for Maternity or any other medical facility is only an additional facility. Unless you are covered under ESIC (contribution paid by company and your part and company providing you with ESI No., card etc.), you are entitled to 12 weeks of maternity leave with pay (average basic pay) - split 6 weeks prior to expected date of maternity and 6t weeks after maternity. Additional one month also will be provided if you had sickness arising out of the maternity/delivery. ALso entitled for maternity bonus ( to take care of maternity exp) of Rs.3500. Issue a notice ( you can write demanding for this benefit) by registered/speed post), with 15 days time for settlement. In case no response comes, meet the local Commissioner/Inspector at the Labour Office and lodge your complaint.

Vasudevan

Kumar Doab (FIN)     09 April 2011

Learned Mr. Vasudevan has given clear direction.You may initiate your action.

 

Dear Mr. Vasudevan,

Kindly clarify.

Many companies big and small do not offer the benefit of ESIC. e.g a company having corporate head quarters in Delhi and having employees all over the country, did not provide the ESIC coverage. 

Although the employees wrote to the company and even union leaders.

Isn't ESIC a right of the employee.

Kindly provide the relevant rules, citations and guidance.

Bemore_it6 (programmer)     12 April 2011

Do I need to hire a Lawyer for sending notice..... How much money a lawyer can charge for preparing and sending notice..


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