Maternity Leave During Probation - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Ashutosh Thakre
Hr Professional
Khanduriana
Hr Professional
+3 Others

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Respected Sir/Madam,

I have joined this company as per their records on 24th of Dec 2013. I was on probation for 6 months (upto june) I had revealed about my pregnancy in the month of april , in the month of june they had issued a letter stating the extension of probation till September end, with out providing any KPI or any statistics or measurement procedure or any assessment before rolling such letter. I am currently at 27th week of pregnancy, I have had issues with my spine in the past which has turned out to be a nightmare to me as per my doctors they have advised complete bed rest as of now or either I may have to face a pre-mature delivery or some permanent problems with regards to spine in future for which I applied for maternity leave immediately on Aug 30th 2014, and mentioned to submit all the necessary hand over and medical reports if required, also I have mentioned that will come back from maternity leave and complete my probation as the state of my health might not allow me to give my best during probation.

They had planned this all, they wanted me to leave the company either through probation or through their torture, by making a smallest of mistake look big for management, for instance I was on leave due to high fever had left a message to my boss but next day when I sent a mail on this he claimed that he did not received and and raised that I take leaves with out informing to all top management. like these they are so many.

kindly advice me whether I'm wrong to take my maternity leave demanding the situation, since there is no revert yet from them would I be sacked at this point of time, wont I be eligible for any maternity benefits, can I go legal for all that mental stress and for sacking me if at all?
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Dear member,
1. You have not disclosed following aspects:-
(i). whether you are covered under ESI Act, 1948. If not, then you will be covered under the Maternity Benefit Act.
(ii). If covered under Maternity Benefit Act, whether you are/were eligible for maternity benefit under said Act.
In order to be clear in the matter, hope you will examine the provisions of above Acts, whichever is applicable in your case and again raise the specific issue relating to your case. You can see the provisions of above Acts from the websites of ESIC and Ministry of Labour & Employment.
2. So far as I understand, being a female employee on probation is no bar for claiming maternity benefit. The only condition may be whether the female employee concerned have completed the minimum requirement of service in order to be eligible as per Act.
Dear Perra,
First of all congratulations and may God give you and your baby the abundance blessings.
Coming back to your query, I would suggest first of all to not to take tension of the pity politics of office. You should go ahead with whatever doctor is advising you. You will get the new job any point of time but the stress that you are taking and missing out on the day to day changes during your pregnancy period. I would suggest to enjoy it at the fullest without thinking about whether company will allow the maternity leave or what would be the future.
Secondly, I would suggest to put it straight to higher managers in your organisation regarding the current situation and how important it is to take rest for you. Assure them of your presence as soon as the your health permits. And get the clarification on the process of maternity leave.
Hi All,
I have just joined an Manufacturing organization on 1st sep 2014, I have been kept on 6 month probation and will be considered a confirm employee on 1st feb 2015, Also I am covered under the Medical insurance policy by the org... I wanted to know exactly which date should I work minimum so that i can get a benefit of maternity leave. so that I can plan my pregnancy accordingly.
Also I wanted to know that in case I want to continue job after delivery for 6-8 months (Unpaid) do the company have the right to ask me to leave voluntarily. bcoz i want to continue the job after a year after delivery..
Please help.
Ana
Dear Perra,
Kindly find below the extract from the maternity benefit acts.
5. Right to payment of maternity benefit.- 1*[(1) Subject to the
provisions of this Act, every woman shall be entitled to, and her
employer shall be liable for, the payment of maternity benefit at the
rate of the average daily wage for the period of her actual absence,
that is to say, the period immediately preceding the day of her
delivery, the actual day of her delivery and any period immediately
following that day.]
Explanation.--For the purpose of this sub-section, the average
daily wage means the average of the woman's wages payable to her for
the days on which she has worked during the period of three calendar
months immediately preceding the date from which she absents herself
on account of maternity, 1*[the minimum rate of wage fixed or revised
under the Minimum Wages Act, 1948 or ten rupees, whichever is the
highest.]
(2) 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 1*[eighty
days] in the twelve months immediately preceding the date of her
expected delivery
Dear Perra,
May God bless you with healthy and find baby.
I agree with the opinion of Ms. Deepa Bhatia. You might have some compulsion to be on job at the earliest, but nothing is important for you more than your baby.
Being an H. R. Manager, I would like to add one more point with the suggestion of Ms. Bhatia.
Why are you eager to rejoin the company who does not care its employee even in such a critical and important moment? Are you sure would be working happily with this organization in future. So, please, whatever Legal action you want to take, you can do after the birth of your baby. Enjoy your motherhood experience with full joy and happiness.
Whatever mail you are exchanging with Management, mark CC to your personal E-mail account and take print out of the same.
Thanks,
Dhananjay.
Dear Ms Perra
I am fully agree with Dhananjay. You have to enjoy your motherhood experience with full joy and happiness.
attribution and forget about your company the don't care his employee.
god give you and your baby happy blessing.
D. N SHARMA
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