Maternity Benefit During Probation - Pdf Download - CiteHR
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Kumaran Praveen
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I am working with Private Limited company which is ISO certified as a Designer. I joined this Organisation on 01 Aug, 2015 and now I am 5 months pregnant. Probation as per offer letter is 6 months and I am in the sixth month of the services. As a responsilibity I spoke to my immediate senior about my pregnancy and dropped formal email to Director/ Owner intimating about the same (as advised by immediate senior). I also mentioned about my Expected Due Date (10 May, 2016) and from when will I will take my Maternity Leave (01 April, 2016). Below is my Directors Reply (word to Word);
Company policy is 3 months paid salary (for Permanent employess).
Working from home is a must in the 3 Months. Other that that, God forbid, if there are complications, you can tak rest but salaries will be dedcuted.
Please see if you can getsomeone who can work in your absence.
If not, we need to look for someone (last line is for my immediate boss)

Hi Buddy,
First, Maternity act applies to both permanent employees and employees in probation.
I am ok with company policy however I am totally against working from home and no leave with wages in case of complications.
According to maternity act, you are eligible to get extra one month leave with wages if there is any illness due to pregnancy. And more over it is employer duty and not employee to find a person to do your job during the maternity leave & employer cannot terminate an employee due to her absence arising under this law.
Hence I urge you to write letter/send mail by quoting the above line & mention the above law clearly to your Director and put cc to Head HR. Surely they will accept your rights under this law.
Thumbs Up
With Regards
Mr.thumbs Up

Thank you Kumaran.
There is no such HR department in our organization and persons/ authorities relating to recruitment is already in CC.
Kindly advise what should be next step towards applying Maternity benefit or should I wait unless they clearly deny me for the benefit.
As per their email they have not said NO to me but highlighted that benefits are only for Permanent Employees.
What would I do if they terminate my services after my probation period (without confirming my services) giving any other reason say like under performer, Intergity Issue, etc. As per clause in offer letter, it states that services can be terminated at company's discretion. Attaching offer letter for your perusal.

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File Type: pdf Offer Letter.pdf (440.4 KB, 154 views)

Hi buddy,
Be positive, you making things worse by thinking negatively.
As i said earlier you are eligible to maternity benefit please don't undermine your rights, if there is no HR department than write a letter to your Director stating your position and mention from when you going to take maternity leave send copy of the same to your reporting authority/department head. And they cannot deny your rights under the maternity law.
With Regards
Mr.Thumbs Up

Dear friend, pl. go thru' the discussions under these links which will provide some clarity on maternity leave/benefits under the Act.

Coming to your query/problem, I presume you should be a fresher and anxious to retain this job. If so, you have to approach the questions carefully. Ofcourse what has been stated by your management is wrong as per the act. And you'll have all the protection provided under the Act. But if what they mentioned would mean termination due to your pregnancy it will be illegal on the part of your management. At the same time, with a view to maintain cordial rapport with your management, especially during your probation/ early in your career, you should try to share their concerns also without risking your health conditions to the extent possible. A smooth work environment would only add to your state of mind for a comfortable delivery. I would mean to say before you would seek legal course you should make them understand you are giving them your 100% & whole hearted sincerity to your work ethics braving uncomfortable physical condition during the pregnancy. Be positive, as humans are expected to be humane as well, try to win their support so that you can keep up your cool to ward of mental strain at this juncture keeping in mind the challenges you might face if things are not falling in place for you.

On a more practical note, try asking other previous cases of maternity in the organization and how were they handled. Don't expect immediate change in the system. "As-is" and "should-be" situations are always different. No amount of text here can have an actual impact in the organization with no HR function.
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