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Legal remedies & procedure to obtain maternity benefits
12-Jan-2023 (In Labour & Service Law)
Worked for school till 7 th month of pregnancy but school refuses to give maternity benefits saying I was on contract basis and my delivery date is after my contract is over so not entitled for maternity benifits . I had joined the school in July 2014 one my last date as per contract is 30 th April 2017
You have not specifically mentioned your due date. So it is difficult to understand the maternity benefit you are entitled to claim.
Nonetheless, maybe section 5A of maternity Benefit act applies to you and goes on to read the following, Continuance of payment of maternity benefit in certain cases.—Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.
Nonetheless, maybe section 5A of maternity Benefit act applies to you and goes on to read the following, Continuance of payment of maternity benefit in certain cases.—Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that Act.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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