Maternity Benefit for employees on Probation - labour laws.. CiteHR
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Maternity Benefit for employees on Probation

Priya Mary Started The Discussion:

Hi,
I would like to know, if there is any compensation benefit for female employees who go on maternity leave, other than ESI benefit? especially during probation period.
I joined as a HR Executive in a private concern, when I was carrying my child (3rd month), as a Probationer for six months. After 5 months from DOJ, I gave birth to my kid. I was not covered under ESI. I didnt qualify for the Company's Mediclaim Maternity Benefit either. So I didnt receive any compensation from the company, since I was on Probation.The three months went as Loss of Pay.
During the same period, there was another employee who recd her monthly salary each month from the company, during her maternity leave, as she was a permanent employee (not covered in ESI & Mediclaim).
Kindly give me the details of maternity benefit.
Thanks & regards,
Priya

Madhu.T.K - Senior Member
There is hardly any reference to ' permanent' in Labour laws. A temporary employee is one who is employed to work on a job which is temporary, say white washing the building. What makes an employee permanent is the number of days work in the preceding year. One who works for 240 days (above the ground) or 190 days(below the ground) is supposed to have 'continuity' of service and is eligible for leave with wages, termination notice, discharge pay etc.

Under the Maternity Befefit Act, a woman worker who works for not less than 160 days during a period of 12 months immediately preceding the date of delivery is eligible for benefits.

What you have to find out is whether did you work for 160 days or not. If you have 160 days work to your credit, you can ask for maternity benefits, otherwise, you cannot.

Regards,

Madhu.T.K

Priya Mary - 
Thank You.
My Date of Joining was 28th June 06 and delivery date on 15th Dec 06.
I worked for only 152 days incl of Sundays & Company Holidays.
Apart from that I was on Casual Leave for 12 days. And on Loss of Pay for 8 days before delivery.

Am I eligible to claim Maternity benefit ?

Regards,
Priya

Madhu.T.K - Senior Member
I understand that you joined on 28th June 06 and the date of delivery was 15th Dec 06. During this period you have worked for 152 days + 12 days leave with pay (any paid leave, leave due to employment injury, lay off days, legal strike days will be counted as days 'worked' for the purpose of calulation of days worked under any labour Act including the Maternity Benefit Act)

Therefore, you are eligible for maternity benefit.

It is a long pending case. Are the dates not 28th June 2007 and 15th Dec 2007 ?. I hope you had submitted a request/ notice for maternity benefit u/s 6 of the Maternity Benefit Act.

Regards,

Madhu.T.K

Priya Mary - 
Hi Madhu,

Thanks for the input.
Regarding notice to the company, I had given oral information to my manager on the very first day of my Joining. I had also submitted a Leave Letter for Maternity before going on Leave.

At that time I had no idea about the Maternity Benefit Act. Only recently I am spending more time to learn about various Acts. My manager told me that I am not entitled to any benefit from the company, since I am still on Probation period. So I had no choice but to accept it. Now I feel I have missed my benefit due.

Is there any way that I can claim that amt now ?

Regards,
Priya

Madhu.T.K - Senior Member
There are two ways out. First to ignore it completely and second is to file a request to grant the benefit retrospective before the Employer quoting subsection 6 of section 6 underwhich benefit cannot be denied just for not furnishing notice of pregnancy. The employer will drag the matter and there will be so many bad consequences following it. If you are bold enough to fight you can try for a chance. Otherwise drop it.

Regards,

Madhu.T.K

Priya Mary - 
Thank You Madhu. I shall give it a try and then drop it if it does not work out. Else I shall take it as a learning. Regards, Mary

man1980 - 
hi my wife is working in central school (govt employee) she joined in november 2009.so i want to ask weather she can take maternity leave in her 3rd month. she is on probation .we decided to take 2month leave in advance and 4months later on.could you suggest me the right way.

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