Industrial Relations And Labour Laws
Hansa Vyas
A Good Learner Always
Sr.manager (hr)-psu
[email protected]
Pharma Industery
+8 Others

Hi, I have joined on 24th July, and on probation for six months. I am expecting, and my due date is in the first week of Dec.
Please confirm that for my maternity leave I would be paid or not.

From India, Delhi
Dear Charu, One is entitled for Maternity Leaves only after completion of 1 yr with the organisation.
From India, Delhi
Hi Upasana,
I have read in CiteHR that a woman who has served 80 days in the company is entitled for Maternity Benefit.
However 'll check the same once again, and if you can also confirm me once again.
Warm regards,

From India, Delhi
As per Maternity Benefits Act woman employee is entitled to maternity benefits if she ad worked for 80 days during 12 months immediately preceding the date of delivery. Probation or a service of one year is immaterial for maternity benefit.

From India, Kannur
Dear Charu,
No women shall be entitled to maternity benefit unless she has actually worked in an establisment of the employer from whom she claims maternity benefit ,for a a period of not less than eighty days in the tweleve months immeditately precedding the date of her expected delivery.
Provided that the qualifying period of 80 days aforesaid shall not apply to a women who has immigrated in to the state of Assam and was pregent at the time of immigration.

From India, New Delhi
Dear all,
Thanks for your input.
I have one more query. One of my friend is expecting and this is her 5th month.She is working in Chemical Laboratory.She is given work in Fume Hood. She deny (because chemical fumes are harmful) and request her seniors to give her light work, But she is being forced to work their.
Is their any Clause in Maternity Act which says that she cannot work in toxic environment and should be given Light work.
Also if suppose she continues to work their and some abnormality happens in child birth or child is abnormal than what are legal obligations a company is responsible for?/
Pl. help and guide me...
Hansa Vyas

From India, Udaipur
As per sec4 of the act a pregnant women if requested by her shall not be employed on any work harmful to pregnancy or child development during one month prior to six week immediately preceding date of delivery.But it is not available on fifth month.
varghese mathew

From India, Thiruvananthapuram
A women shall be entitled to maternity benefit only if she has actually worked in an
establishment of the employer for a period of not less then eighty days in the twelve
months immediately proceeding the date of her expected delivery
so on the basis of above information you are liable for maternity benefits

From India, Coimbatore
dear hansa,
As per section 4(3) sub clause (4) no pregnant woman, shall on a request being made by her in this behalf, be required by her employer to do during the period (of one month immediately preceding the period of 6 weeks, before the date of of her expected delivery;) any work which is of arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her heath. Violation of this section will attract imprisonment which may extend to one year, or fine extendable upto Rs 5000/- or both. In addition, this will also amount to violation of human rights and appropriate action can be taken thereunder too.

From India, Pune
Ms. Hansa Vyas,
According to Maternity Act,the women employee has a right to ask for a light work which is not harmful or strenuous for the mother as well as for a child.
Working in a toxic environment could be harmful and strenuous for both mother and child.
Please note it will be difficult to draw a conclusion that the abnormality of child is due to working in the toxic environment.It requires lot proof/evidences etc.
Therefore i feel, it is advisable to request the management to give you less strenuous work.

From India, Mumbai

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