Maternity benefit during layoff period

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

07 October 2010 A female employee had applied for and granted maternity leave. 15 days after her starting of the lave, the company was under layoff. Please enlighten me whether she will be entitled to any maternity benefit as per the Maternity Benefit Act, 1961

Thanks in advance

Ajay Mishra

Ajay Mishra (Expert)
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07 October 2010 Hi

6. Notice of claim for maternity benefit and payment thereof.- (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

(4) On receipt of the notice, the employer shall permit such woman absent herself from the establishment until the expiry of six weeks after the day of her delivery.

(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.

(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

If you read this section, it says thar if you got the approval for maternity leave from her employer and it specify the date from which you are on leave, there after any activity happened in company like layoff will not be considered in your leave because the period are sanction before layoof.

Others views are also solicited.

Regards

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