Can I avail maternity leave from my company ?

[Bandana]

Hi,
I am working with Bangalore based -from Delhi through work from home. as per the appointment, i am the employee of the company and have successfully completed my 17 months in the company. Now i am pregnant and when i inquired from the company regarding maternity leave, they said NO (on the phone). they did not say this to me in writing. kindly suggest me, is every company in India come under Maternity Act 1961 or not. if yes then how can i avail that. kindly help me.

Thanks
Bandana
rajpt_vn@yahoo.com

[admin]

Yes they are bound to give you maternity leave.
Email them( at least two people) and keep us also in BCC ( contactus [at the rate] indianworkingwoman.org ). Send them a letter also by Speedpost and keep the receipt with you.
We can call them if you want this.

[Bandana]

(17-04-2012 11:49 AM)admin Wrote:  Yes they are bound to give you maternity leave.
Email them( at least two people) and keep us also in BCC ( contactus [at the rate] indianworkingwoman.org ). Send them a letter also by Speedpost and keep the receipt with you.
We can call them if you want this.

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Thank you very much for quick response. can you give me your number to discuss or mail me ar rajpt underscore vn at yahoo dot com
or call me at 9911199687

[admin]

Contact me in case of problems.
All the best.

[Bandana]

Dear Sir/Madam,

Could you please provide me a draft letter for this, which i can use to send to my employer for maternity leaves.

I will really appreciate if you could provide me..

Regards,
Bandana

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HI,
Let me tell you my current situation . I work for US company called Adroit software, its a NJ based company through Indian registered company INDAGE SOFTWARE & SERVICES PVT. LTD.Since 8th Nov 2010 as a work from home employee. As per my offer letter, company did not mentioned anything about Maternity benefits, although, i were married time of joining so i emailed them for maternity benefits. My MD called me and informed me that our company is not registered in such form where you can avail this. .After completing my 1 year, i asked them to revise my salary number of times but they never did. after letting them know that i am pregnant over the phone to my reporting boss. Since i completed my 1.5 years in the company, i again asked for increment, they are not revising salary on the ground of my performance. if my performance is not good, why any company will keep me for such a long time. now i am aware that they are trying to take fayda, since i am pregnant and cant leave the job so kya jaroorat hain salary badane ke i will not go anywhere.
Now i am 4 months pregnant, kindly let me know when will be the right time to write a email to the company to let them know about my pregnancy and maternity leave. I am afraid, coz of that they might ask me to leave the job. kindly guide me how to do this. I dont want to lose my job. Kindly suggest. Regards, Bandana

[admin]

If you're company size is more than 10 then maternity benefit act will apply your company(if yours isn't covered in ESI). Maternity benefit act can come in force not before 6 weeks of your delivery date. So I advise you not to tell them your pregnancy. Take sick leaves and try to pull it till you're 6 weeks to delivery. You can inform them even after delivery.
Send a letter by speedpost to them and also fax them your maternity leave application. You'll also be eligible for 1 month sick leave beyond 12 week maternity leave.
The format for applying is available here.

[Bandana]

My company did not provide me any ESI benefit and yes it has more then 10 employee all all of them are working from Home from different-2 part of India.

[admin]

Then maternity benefit act will apply on your company.

[Bandana]

Hi,
As per our last discussion, you have mentioned that maternity benfit act will apply on my company. I gave them notice and devlievery my baby on 19th Oct 2012 but i did not get my salary. Kindly guide me what do i do.
Thanks

[admin]

You need to meet/complain labour commissioner in your area. Even PF office comes under Labour.