Eligible For Maternity Leave.. CiteHR

classic Started The Discussion:

Dear all, Is any employee is eligible for maternity leave with salary if she has not completed one year of employment but is confirmed employee. What does clause 5 of Maternity act means "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 [16] [eighty days] in the twelve months immediately preceding the date of her expected delivery: " Please explain and guide regards, kajal

nilendrachand -  Member Since: Aug 2007
She will be elegible for maternity benefit if she has worked for 80 days immediately preceeding the date of delivery in the preceeding 12 months. Take this test case: Date of delivery: 13-Nov-07 80 days immediately preceeding the date of delivery: 25-Aug-07 If she was an employee on 25-Aug-07 she is eligible for maternity benefit Preceeding 12 months means 12 months immediately before the date of delivery. In the test case 12th month will start in Nov'07 and 1st month will be Dec'06. Therefore if in this 12 months she has joined anytime before 25-Aug-07 she is eligible for maternity benefit. If she has joined at any time peior to Dec'07 then there is no doubt and she will be eligible for maternity benefit. Regards, Nilendra

SUNEELKMASUR -  Member Since: Oct 2007
Hi, Any permanent employee have rights for paid maternity leaves as per the labour law. The duration of work should not be less than 90 days. (i.e. 3 months). These days inclusive of Sat. and Sun. The period of leave will be 3 months and the person can avail all the benefits during this period.

sreekanth_vu -  Member Since: Jul 2006
Hi, All female employees, regular or on contract basis, who have worked for 80 days preceeding the date of delivery is eligible for meternity leave of 6 weeks before and 6 weeks after the delivery as per the Act. Regards, Sree

ryma -  Member Since: May 2009
hello, friends, I need urgent advice of urs, i m a doctor and working in one of delhi govt hospitals on adhoc basis, my contract is of 89 days and is renewed after break of one day, i m working in hospital from 31st october 08 and twice my contract has been renewed d latest extention is till 26th july 09. i m pregnant and is my expected date of delivery is 25 july 09, am i eligible for d maternity benefit leave under d maternity benefit act 1961? (As my last working day is 26th july 09 according to current extention order) i want to avail maternity leave from 25th june 09( at this date i will be working for this hospital from approx. 8 months in d preceding 12 months), can it be possible? if i m eligible, how will it be materialised? currently d administration is providing maternity paid leave to adhoc employee, only if she has her due date with in her extention period eg. currently a nurse delivered a baby while she had 2 months left in her current extention period, so they gave her 2 months paid leave, but now she will hv to join n work. my case is worse as my due date is 25th july09 and my last working day is on 26th july09 so according to administration i wont be getting any leave, in such a case what shd i do, plz guide me, i need urgent help n guidance of urs. i will be much obliged. thank u in anticipation

Abe_Abraham -  Member Since: Apr 2009
Hi, By law you would be entitled to maternity leave. You should make an application to them from the date you would want the leave (i.e., not more than 6 weeks before delivery and the balance 0f 6 weeks after delivery date). This i say because you have cmpleted 80 days before yr delivery date rule. The extention as they are suggesting is also wrong. Regards, Abe PS: All the best.


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