Saswatabanerjee
Partner - Risk Management
+3 Others

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Hi ,
i joined in private sector 11.12.2015 this is my first job and up to 19.07.2016 i worked in same organization and i got pregency confirmation joined moth that is 15.12.2015 and i delivered 20.07.2016 then i taken as per hr policy 84 days leaves then after 13.10.2016 i re joined so here company said ur not eligible for meternity benefit because you have not completed 12months in the company so is true? Iam not eligible Meternity benefit? pleaes clarify

Please refer to the HR Policy and Process Hand Book of the company. It will clearly give u the eligibility of leaves.
Pl refer maternity act 1961.And you are eligible for maternity benefits. Every female is eligible for this benefits who has worked in any organization 80 days in prior to delivery.
The law is very clear in Maternity Benefit Act.
your organization is covered within this act i section 2(1), if there are more then 10 employee. Under section 5(2), women must have worked for a period of 80 days in 12 months immediately before expected date of delivery. Now you need not work there for 12 months but you need to work there for 80 days in 12 months preceding delivery.

Hello Mam,
As per Maternity Benefit Act 1961,on account of pregancy a woman can get maternity benefit of 12weeks of this,six weeks can be taken prior to the date of delivery of chld and six weeks immediately following that date.
To be entitled to maternity leave, a woman must have worked for not less than 80days in the twelve months immediately preceding the day of her expected delivery.only working days are taken in to account.
To avail of the six weeks leave before expected delivert a notice must be given in writing stating the date of absence from work and also certificate of pregnancy

So 80days i worked in that organization before i delivered after delivery 13.10.2016 i joined and till now iam working same organization so hr said not yet completed one year till date so not eligible for benefit? So please clarify, iam eligible or not?
yes, you are eligible your HR either does not know the rules or is trying to make a fool of you.
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