If not, just go through the rules and regulations of maternity leave so that it would be helpful for you to claim the leave and benefits. As per the basic laws of this leave, every working woman has the right to apply for a leave of about 26 weeks. In addition, if the employee has worked for the company for more than a year, the employer is responsible to sanction another holiday for their pregnancy.
Your job contract is the crucial factor that would help you in claiming you rights during the leave period and after that return to the job. If the employer refuses to pay for those leaves, you have the right to sue them for unfair dismissal. You will be able to do all these things only if you are aware of the rules and regulations related to them.
According to the Maternity Benefits Act, you are eligible for maternity benefit to get average daily wages for the six weeks. It starts from the day you go for the leave to the day you return after you deliver the baby. In few states, the employer would be giving you maternity leave only if you have continuously worked for more than 160 days prior to the expected date of delivery.
In connection to it, you will be given 12 maternity benefits as well. Under the maternity rules and rights you are eligible for additional leave in case of any emergency during your delivery. You would be getting it only in providing necessary documents supporting the reason.
What if your employer dismisses you?
Well established companies usually do not take any such action against their female employees who have gone for maternity leave. In case if your employer does so, you have all rights to file a case against the company. The employer who violates the rules will have to pay a fine of Rs.5000 or will be imprisoned for a period of three months. Sometimes they may be fined and put behind the bars for dismissing the employer who is on maternity absence.
Rules for getting the claim
The claim that you get after the pregnancy would differ from company to company. To know in detail about this, you need to meet the HR officials of your organization. The basic rule followed by the majority of companies is that the employee needs to apply for the claim in specific format after she rejoins the office. You will be granted with the facilities only if you follow the specified format. In case if you are a surrogate mother, you will not be sanctioned with maternity leave. You can get unpaid parental leave only after you receive the parental order.
Discuss your leave with the HR
Maternity leave and claim information would be clearly mentioned in your job contract. Thoroughly go through those points and discuss it with your HR officer in detail about every single point in order to get all the benefits.
You may want to learn more how to avoid getting cheated for your maternity leave. More tips and useful information on the subject you can find here.