Maternity leave on probation period - am i eligible for maternity leave as per maternity act? - CiteHR
Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Labour Law Advocate
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I hv joined my company on 8 of august 2016 and on 11 of august i came to know that i am pregnant. I informed my senior for the same on 1 nov 2016 that my expected date is in the month of april. And as per the company policies they dont allow any person on workplace after completion of 7 th month i.e on 8 feb in my case. But my probation period is of 6 months which ends up on 8 feb. And only after my confirmation, my maternity leave will show in my employee login. I don't know whether they will give me confirmation or not or am i eligible for maternity leave as per maternity act? Kindly advise
You are legally entitled to maternity leave if you have worked for 80 days in the last 12 months with the same employer. You cannot be terminated from service when you have applied for maternity leave. Utmost, they could extend your probation. Since you have already served 80 days and have applied for maternity leave, you are on a safe ground. Since you are unable to access your employee web portal, why dont you just call up your HR department and check the status.
I have applied for maternity leave verbally to my senior.i am able to access employee web portal. But in web portal maternity leave will enable only after confirmation.
In industrial employment, period of probation and confirmation of the employee are matters governed by the service regulations of the organization or the standing orders. But they can not run counter to the provisions of any Law relating to conditions of employment. Maternity benefits are special benefits available to a female employee subject to certain minimum period of service under the employer irrespective of her status of employment like permanent, probationer, temporary etc.
1. Dear member, if the woman employee has worked for minimum number of days as laid down in the Maternity Benefit Act, 1961, then the employer cannot deny her the maternity benefit under the pretext that the said employee is merely on probation. Even if there is any such condition in the conditions of service as laid down by management, then such condition is void ab-initio and illegal.
2. Under above referred Act, there is no condition that the woman employee must be regular. All type of woman employees (except who are covered under ESIS) are entitled for said benefit.

Irrespective of when a woman joins or number of days she has served, a woman has a fundamental right to become a mother. No if and but can be associated with pregnancy. Last year a lady qualified to join army medical corps as a Dr and just before joining date, she found herself carrying a baby. Mind it was a case where rules are very strict. Army didinot accept her. She went to SC and hon'ble SC ruled that none can deny her joining a profession since motherhood is the right of a woman. She was allowed to join and today she is a serving army Dr.
Actually they did not confirmed me till tiday. From the last 15 days they were telling we are doing your confirmation dont worry. But today they called me and told me that no one is able to handle your work from remite location so we have to hire a new one . We can assure you that we will rehire you whenever you will come back. But that would be subject to availability of job.what can i do now?what are my legal rights? It is sure that i am not going to resign because it will make an effect on my cv that i resigned from previous company in just 6 months.
Please apply to your company under the appropriate form available in the Act intimating about your pregnancy to the company. Please keep an acknowledgment of making such application. Verbal communication has no legal validity.
From your last post, it seems that company does not want to give you any maternity benefit hence, they are giving excuses and telling you that they will take you back later. Company cannot terminate the service of a woman when she is pregnant. These are all lame excuses to get rid of you.
Simply apply in the form as stated in first para under acknowledgment and remain silent. Let your company decides what they want to do.

Can you please provide me the format? In my company web portal you will get the option to apply maternity leave only after confirmation
Please check the Maternity Benefit Act and rules. It is FORM E I guess. Don't rely on the web portal. Simply fill up the form and send it through registered/ speed post. Keep a copy of the filled up form along with postal receipt and track report of post for future reference, if required.
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