Legal Question in Employment Law in India
i had been working on a leave vacancy in Kerala under Collegiate Education Department and took maternity leave from 1-6-2009 to 6 months. But my appointment was till Oct 21st 2009( before six months) and i did'nt join back on Oct 21st 2009 as i expected the extention of my appointment order further. But due to certain unforeseen situations , i didn't get extention appointment order. So can i get the salary till Oct 21st for my maternity period?
1 Answer from Attorneys
To become eligible to maternity benefit under the Maternity Benefit Act 1961, the woman employee is required to perform minimum 80 days of work in 12 months before expected date of delivery. The maximum period for which maternity benefit is payable is 12 weeks , of which not more than 6 weeks to be before delivery. You can therefore claim salary under the Maternity Benefit Act only as above.
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