Maternity Leave On Probation Period - DOCX Download - CiteHR
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Dear all,
i have joined a medical firm on 1st april 2013. on 30th april i got to know that i am 4 week pregnant and have been prescribe for the bedrest for 6 week. my HR said that i can get leave without salary because i m on probation period. please let me know that am i eligible for the paid maternity leave??
Kindly help me in this regard.
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Your HR may be right in this case. Usually all leave benefits are given after completion of probation period only.
As you have a very genuine reason and if it is agreed by your company, you can take leave without pay. Also, ask them that you ll be available as freelancer if there is a need.
Shreya Parikh
but my question is that whether i am eligible for the paid maternity leave or not.
If company policies say that leave benefits are given once you complete your probation period. Then you can not take it as paid leave.
Being on probation has nothing to do with the benefits under Maternity Benefits Act 1961. Being an trainee or probationer or confirmed is the matter between employer and the employee and no way a criteria for deciding one's eligibility under any statutory law including Maternity Benefits Act 1961.
Under Maternity Benefits Act 1961, the only criteria for deciding the eligibility is that 'the concerned employee should have worked for that particular employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery.'
If you are fulfilling the above criteria then you are eligible for the benefits else not.
Kamal P
As per the kamal's discussion if you have worked for 80 Days in 12 months prior to Date of Delivery, then You will be certainly eligible.
but in this case i strongly believe that, as your info suggests you worked only for 1 month before bed rest.
hence you will not entitled for paid leaves.
Apart from what Mr. Kamal has stated, would like to add that Maternity Leave is available 6 weeks before the expected date of delivery and 6 weeks post delivery, so in that case if your probation period is 6 months then the same would be completed by 30th Sept. 2013. You are confirmed employee from 1st October 2013.
Please let the forum know if the probation is more than 6 months or not. Even though if it is more than 6 months you are eligible for Maternity Leave for 6 weeks before the expected date of delivery.
Dear Kerlin,,,
The confirmed/ full time employees are eligible to get paid maternity leaves,and that depends on the company rules and regulations...
Kindly you can discussed this query with your HR dept, you will get a better solution...
How can you derive that Maternity Leave cannot be availed or is not eligible for
What Kamal has stated is right if the' Anonymous' is not covered under ESI.Under the MB Act even to get leave with wages for sickness arising out of pregnancy(she mentioned about bed rest) she should work for 80 days during 12 months before the delivery.The condition for this under ESI Act is 70 days during the two contribution period before delivery.Probation is immaterial under labour laws.
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