Claim of Maternity benefit not paid - after 2 years

[Vishakha Shah]

Dear sir,

I am a chartered accountant and working in a CA firm having a strength of more than 100 employees and situated in Mumbai, i had gone for my maternity leave on June 1st 2010 and my delivery happened on Aug 6th 2010. Then, after a break of almost 2 years i joined the same firm back on 1st July 2012. In This gap of 2 years, I have not worked in any of the organization and also i m not covered by ESI. I have not been given Maternity benefit and bonus at the time of delivery till date

Should i be eligible for maternity benefit? if yes how should i go ahead and is it possible to get the same after almost 3years?

please advice.... Thanks

[admin]

I guess your salary was more than Rs. 15000 so you were not covered under ESI but Maternity Benefit Act 1961. You should have got your salary on time without delay as you get when you're in office.

I remember that there is period of 1 year within which you'll need to complain but now it's 2 years. From this Maternity Benefit Act:

Quote:23. Cognizance of offenses. -- (1) No prosecution for an offense punishable under this
Act or any rule made thereunder shall be instituted after the expiry of one year from the
date on which the offense is alleged to have been committed and no such prosecution
shall be instituted except by, or with the previous sanction of, the Inspector;
Provided that in computing the period of one year aforesaid, the time, if any,
taken for the purpose of obtaining such previous sanction shall be excluded.
(2)

Also there is another:

Quote:(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty
days from the date on which the order of such deprivation is communicated to her, appeal
to such authority as may be prescribed, and the decision of that authority on such appeal,
whether the woman should or should not be deprived of maternity benefits or medical
bonus or both, shall be final

[Vishakha Shah]

Thanks so much for the quick response, so according to you, i cannot take any actions now. Actually i was under the impression that he will give me the maternity benefit once i will resume, so did not demanded that in my leave period.

let me know if any other way out is available to this.... once again thanks so much for the advice

[admin]

But why don't you ask your company? Let us see what they say. They may give you if they want. After all it is all your money.

[Vishakha Shah]

I asking him from the date when i joined back i.e. July 2012, but he is saying u resumed after 2 years so u r not eligible... but i think resuming is not necessary as per Act

Further, i wanted the clarity on one point as i m getting retainer ship fees (after deducting 10% TDS ) and not salary however i do get yearly Bonus and 21 days leave annually.... is it necessary to be on salary for maternity benefit

and because he is holding my money i have put my resignation and i m serving my notice period

[admin]

Yes ... salary does not matter. Any worker is covered under MB act.

[Vishakha Shah]

Ok thanks......

And also whether or not u resume the office MB is applicable..

[admin]

Quote:(2) No woman shall be entitled to maternity benefit unless she has actually
worked in an establishment of the employer from whom she claims maternity
benefit, for a period of not less than eighty days in the twelve months
immediately preceding the date of her expected delivery