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Procedure to apply for maternity benefits
10-Sep-2023 (In Labour & Service Law)
Sir, My wife is working for SSA since 2014 on yearly contract basis, Every year conract replaced with new contract for further one year session with break of 2 days, This year new contract took place on 3rd april 2017 for the period og 3 apr 17 to 31 mar 18. As per docters my wife expected delivery date was 24 june 17 but due to some complecation and health concern docters advice to admit on 19th june 17. On 20th i m blessed with girl child. My wife has also applied for maternity leave from 16th june 17. Now i want to know wheather my wife is eligible for maternity benifits. Bcause aa per office side my wife has not worked for 80 days in this renewed contract, they are calculating 80 days from actual delivery date but as per me 80 days need to be calculated from expected delivery date. Also advice whether my wife taken leave from 16 june does impact tje calculation of 80 days. Kindly suggest. Thanks
. The FMLA is a program mandated by federal law that provides eligible employees with up to 12 weeks of job-protected unpaid leave under certain circumstances. The FMLA allows employees to take leave due to pregnancy, childbirth, and/or the addition of a new child to their families. Employees must meet certain requirements in order to be eligible for leave under the FMLA, as follows:[1]
Employees must have worked for their employers for the last 12 months.
Employees must have worked at least 1,250 hours in the period year to the date on which they need to begin taking leave.
Employees must work at a worksite with at least 50 employees. If the employer has less than 50 employees, it still must offer FMLA leave if it has at least 50 employees within a 75-mile radius of the workplace.
In many states, employers can require employees to use their accrued paid vacation and sick leave during their FMLA leave.
Employees must have worked for their employers for the last 12 months.
Employees must have worked at least 1,250 hours in the period year to the date on which they need to begin taking leave.
Employees must work at a worksite with at least 50 employees. If the employer has less than 50 employees, it still must offer FMLA leave if it has at least 50 employees within a 75-mile radius of the workplace.
In many states, employers can require employees to use their accrued paid vacation and sick leave during their FMLA leave.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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