If maternity leave applicable to employees on extended probation period? - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Nathrao
Insolvency N Gst Professional
Ruheel Ahmed
Hr Officer
Kpriya252003
Registrar
+1 Other

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Dear sir,

I am working in the current place of employment since the past 9 months. When i asked about the maternity leave policy, the HR Head told me that since i have not finished 1 year in their employment, i am not eligible for maternity leave with pay. He said he is willing to give me 3 months leave without pay. The company policy mentions "a permanent female employee should have worked for atleast 80 days in the 12 months immediately preceding the expected date of delivery". So i wanted to confirm whether i am actually eligible for the maternity benefit or not since i have finished 9 months here. Further, I recently discovered in my appointment letter, it was mentioned that after a probation period of 6 months or any extension thereof, I will be confirmed as a permanent employee in writing.

However, I had not received any communication from their side at the end of 6 months, regarding confirmation as a permanent employee or extension of the probation period. So I don't know whether I am a permanent employee. However this was not a point raised by the HR Head. So I wanted to know if maternity leave applicable to employees on extended probation period & whether one is eligible for maternity benefit after 9 months of employment.

Thank you,

Regards

Priya
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Hi Priya,
With reference to your above query, and the necessary details thrown in support, you seem to be most rightfully-entitled to the Maternity Benefits. You are hence advised to let your employer know relevant laws and sections (if possible the sections indicating the penalties applicable in case of violation), if he does not know / or pretending to be so, and strongly put forth your demand for such statutory benefits. If he still persist on denying to pay, then you can get it paid lawfully by following the procedures in place.
Hope it will serve the purpose.
Regards,
Thank you sir. I also wanted to confirm if i can be denied maternity leave on the ground that I have not been given a confirmation letter as a permanent employee after my probation period of 6 months. However they have also not informed me regarding extension of my probation period though i finished it period 3 months back. So i dont know if I am a permanent employee or on extended probation. Their HR policy specifically mentions " 'permanent' female employee should have worked for atleast 80 days in the 12 months immediately preceding the expected date of delivery". Will this be a problem?
Regards,
Priya
Hi I doubt that you may not be entitled to maternity benefit since you have not completed 1 year of service.
1. Dear member, the status of employment i.e. whether regular, permanent, casual or adhoc or on probation has no relevancy with entitlement for maternity benefit under the Maternity Benefit Act, 1961. The condition for entitlement of such benefit is "actually worked in an establishment of employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding". (Section 5 (2) . Please also see whether the establishment in which you are working is covered under ESI Act, 1948 or not ?
2. I will also suggest you to please see following thread, which is on the same subject:
https://www.citehr.com/531118-regard...y-benefit.html
You are entitled for maternity benefits.

The stand that you are on probation etc does not work out.

You have spent nine months in the organisation and entitlement to maternity benefits flow from the law regarding maternity benefits.

Please give notification o\as laid down in the Act--

Section 6. Notice of claim for maternity benefit and payment thereof.-

(1) Any woman employed in an establishment and entitled to maternity

benefit under the provisions of this Act may give notice in writing in

such form as may be prescribed, to her employer, stating that her

maternity benefit and any other amount to which she may be entitled

under this Act may be paid to her or to such person as she may

nominate in the notice and that she will not work in any establishment

during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall

state the date from which she will be absent from work, not being a

date earlier than six weeks from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant

may give such notice as soon as possible after the delivery.

HR policies of companies has to be in consonance with laws.
Thank you sir for the reply. I wanted to confirm regarding payment of the maternity benefit. The HR has now agreed after i told him that i have taken legal opinion , that i am eligible for maternity benefit, but he is insisting that he can pay me the complete amount only after i join back duty. But from what i read regarding the maternity benefit act, I thought he needs to pay me the amount for the initial 6 weeks when i go on leave & the remaining within 48 hrs of me informing him about my delivery with due proof. When i told him of this, he said he wil give me the first half of the payment after i deliver & the second half after I join back. I wanted to know which one of the two is correct. Can he deny to pay me the due amount till I join back or is he legally obliged to pay me the first half before delivery & second half within 48hrs of informing him.
Provisions of payment are clear in the Act.Please show the section to your HR and they will follow the rules. Section 6 is relevant in this case.
Dear sir,
Though the company HR had agreed to pay me the maternity benefit, they have not done so inspite of constant reminders though its almost 4 months after my delivery. The first half of maternity benefit (along with a part of my salary) which though not credited to me, is being reflected in my salary slip. The finance head keeps citing shortage of funds as the reason, while the HR head & the CEO have not clearly responded back to the reminders. Last month, the HR head sent a registered post stating that my leave is over & if i dont report to duty immediately,& "it will be considered as a wilful expression of not wanting to resume back duty & the necessary action will be taken". When i responded back saying that they need to pay my dues,otherwise i will take legal action, the CEO called & said they will get back to me after consulting their lawyers. Its a month & theres still no response.
The PF of this financial year though cut from the salary, has not been credited to the PF account.
The TDS payment of last financial year was also delayed & they gave me form 16 only in november, so i dont know what will happen to the amount cut as TDS from april onwards

I needed to know how to go about sending them a legal notice & the procedure
1) Do i need to contact a lawyer or go via the labour office?
2)My place of work is in bangalore & their headquarters in mumbai. can i send a notice/ contact the labour office from my hometown or does it need to be sent from b'lore or mumbai?
3)how long does the entire legal process take & how expensive is it?
4)Do i need to submit resignation now because i dont want to go back to that place or is it considered a termination since they have already sent a letter.
5)Will I be losing 1 months pay from the maternity benefit as I wont be serving notice period?

Kindly let me know

Regards,
Priya
1. Dear member, in my opinion, the authorities having jurisdiction at place where you worked may be having jurisdiction to entertain and inquire into the complaints under Maternity Benefit Act, 1961. So, therefore, you can contact the local labour office to ascertain the appropriate officer to whom such complaint or representation is to be made.
2. I think, the procedure to file such representation or complaint perhaps may be available under the Maternity Benefit Rules as may have been framed by the Karnataka Govt. Therefore, from any law-book shop at Bangalore you can get the copy of said rules,if available, as framed under the Maternity Benefit Act, 1961 and take action accordingly. The form on which such representation is to be made may be available in said Rules.
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