Pregnancy During Probation - CiteHR
Monica_p
Consultant
Adv. Manoj Liyonzon
Advocate, Chennai
Hopegovind
Senior Hr Advisor And Blogger
+3 Others

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hi,
I had joined this company from Dec 24th 2013, according to the company policy I'm in probation for 6 months,
I am a month pregnant now, will I not be availed for Maternity benefits ? or would I be laid off for the reason I am pregnant?
Kindly suggest me how to take this forward, should I talk to management now?

Hello Perra,
As per my knowledge
Women employees are eligible for Maternity leave upon completion of a minimum of 80 days of service at the Organization, as defined in The Maternity Benefit Act, 1961. This facility will be available for the birth of the first two children only.
Maternity leave would be granted for a maximum of 90 days including all the weekly offs and holidays falling in between.
Modalities
Regards,
Ashish

Congratulations Perra!!!
I do not know if your company will give you all the maternity benefits, but yes for this they will not ask you to leave for sure. They may give you unpaid leaves but again you can check with your company HR.
Please take care of your self and all the best.

Congratulations
Don't worry, concentrate on your work you will get the Maternity Benefit. If you are covered under ESIC then ESIC will take care of Maternity Benefit, if not then also you are eligible for Maternity Leave. With regards to your probation period there is no clause wherein you will be denied for MB during probation. Last but not the least the company cannot lay you off for the reason of pregnancy so rest assured.

hi, if you have completed 80 days work, you are entitle for benefit under maternity benefit upto 2 child no, the organisation has no rights to lay off Regards Govind
There is no such condition laid down by the Maternity Benefit Act that the said benefit is restricted to two children only. Since you have been working since December 2013, you are definitely entitled to the benefit. Alll the best.
B.Saikumar

Perra
Congrats for becoming parent.
-Your pregnanacy does not affect your probation period.
-You cannot be laid off determining your pregnanacy
-You hold rights to enjoy maternity benefits, failing, you can challenge

no hurry. However you may apply after 7 months, so that the company would have suffiecient period to deploy alternative resource
surprisingly there is no HR in this company, everything is handled by commercial department. I have informed the commercial team and my reporting boss about my pregnancy, hoping that there would be some lenience because they expect us to work extra hours until late and also on weekends sometimes, but this has turned out to be a nightmare to me as of now.

The commercial person says that I'm on probation so till I'm permanent I cannot apply any leave nor avail any maternity benefit, if the company wishes they can relieve me or extend my probation. I had replied to him that firstly there was no KPI's given so that there is a standard measured during and after probation, and under what grounds can they terminate or extend probation need the same in writing. after which he did not speak.

now is that my reporting boss expects me to go on every meeting whether I'm required or no, and also since a recee which requires me to take clients to show the sites around the city which actually worsens my condition of a tremendous back pain and nausea. I have three people reporting to me, but still for petty jobs like this he wants me to go. Unnecessarily shouts at me for no fault of mine, even on weekends. when the branch is doing well with numbers and is healthy these actions are leading to a conclusion that they are forcing me to leave the company by my own.

Isn't this unfair that at this stage I have to go through this kind of stress both physically and mentally on daily basis. how do I handle this kindly advice me, I've been having sleepless nights on this..

Perra
Dont give up, gear up youself. Try to continue the job. Job & pregnancy both are important. However prioritise your pregnancy & kid. Once you decide to exit the company due to pressure, then lodge complaints to higher officials & then escalate the same to Govt bodies upon those officials to teach those social animals a good lesson with the help of a lawyer

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