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nainisravanthi
Do i get metarnity leves in probationary period
From India, Hyderabad
globaloverseas144
46

yes,

you can get all benefits of meternity leave if you completed 80 days working in your organisation.

No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than eighty days in the twelve months immediately preceding the
date of her expected delivery:

Provided that the qualifying period of eighty days aforesaid shall
not apply to a woman who has immigrated into the State of Assam and was pregnant at
the time of the immigration.
Explanation: - For the purpose of calculating under this sub-section the days on
which a woman has actually worked in the establishment, the days for which she has
been laid-off during the period of twelve months immediately preceding the date of her
expected delivery shall be taken into account.

Note: from 10-01-1989(number of working days for women reduced from 160 days to eighty days).

Best Regards
Global Overseas-delhi office

Mohammad Sajid Ansari
9899775578--

From India, Delhi
Attached Files (Download Requires Membership)
File Type: pdf maternity_benefit_act_1961.pdf (133.9 KB, 580 views)

Madhu.T.K
4193

You will get maternity leave and maternity bonus even if you are in probation, provided you have worked at least for EIGHTY DAYS (not one hundred and sixty days) during twelve months immediately preceding your expected date of delivery. Therefore, work out your number of days from the date of delivery/ expected date of delivery, backward and find your eligibility.
Regards,
Madhu.T.K

From India, Kannur
psdhingra
387

Of course, you can get maternity leave during probation period, if you have already worked for 80 days in the organization.
From India, Delhi
K V SATISH KUMAR
1

Hi Seniors,
Pls help me out in this case,
In Continuation of Maternity leave for extension any leave can be comined (i.e) Sick Leave / Earned Leave. As per the act of ML she applied for the same & granted. Know, she wants to apply EL's for 56 days. Pls give your openion.
Satish

From India, Hyderabad
amit302
Dear Madhu
Please let me know, whether the eligibility criteria would be 80 day or preceding 1 year of service. ie can an employer claim that even if the the employee has completed 80 days, she has not completed 1 yr of service so cant claim maternity benefit under the act. As the act says:
" No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the
date of her expected delivery"
Regards
Amit

From India, Delhi
Madhu.T.K
4193

It is not mandatory that the employee should have worked for one year in order to be eligible to get gratuity but she should have worked at least for 80 days during a period of 12 months immediately preceding expected date of delivery.
An employee who joined in 2005 and worked till 2010 but took leave without pay in 2010 for any reasons not connected directly with company's policy, say LOP to go abroad with her husband and comes back and resumes work and now is pregnant WILL NOT GET maternity benefit UNLESS SHE HAS WORKED AT LEAST 80 DAYS during this 12 MONTHS PRECEDING her delivery. That is the significance of 12 months preceding the expected date of delivery.
Regards,
Madhu.T.K

From India, Kannur
psdhingra
387

Dear Satish, Except Casual Leave, every other kind of leave can be combined with maternity leave. PS Dhingra
From India, Delhi
K V SATISH KUMAR
1

Thank u mr.Dhingra, for your valuable suggestion. In case after availing all the leaves at the time resuming duty. If she submits her resignation. Then next what is procedure for the same.
Regards,
K V Satish Kumar

From India, Hyderabad
saswatabanerjee
2383

You can avail of maternity leave as per law, but the company may chose not to confirm you. Its their choice during probation. In practice, most companies will not confirm an employee on probation who has taken maternity leave.
From India, Mumbai
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