Srinath Sai Ram
Hr Manager
Riteshmaity
Labour Law Advocate
Cms.sureshhr
Manager- Hr & Ir
+2 Others

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if an female employee who is pregnant of 2 months at the time of joining and hide the same. will she be eligible for maternity leave at the time of her delivery.
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There is no legal obligation on part of the lady employee to reveal her pregnancy status at the time of joining. She is well within her rights to reveal her pregnancy at a time she feels it appropriate. Hence, she is very much entitled for Maternity benefit and denying the benefit will result in appropriate punishment, which I understand is severe under the new regulations.
Dear Goyalji,
How did you come to conclusion that at the time of joining your Establishment, Honourable Woman Employee was already 2 Months Pregnant & she did not reveal the same to you.What systems you have put in place to disclose Pregnancy by the Women Employee at the time of Joining your establishment?do you have system of sending an Employee to Company Empaneled Medical Doctor for Medical examination? Does the job for which Woman Employee was hired requires her to be not Pregnant.Please put proper systems in place for avoiding such things.
Please note that she will be eligible for Maternity benefit @26 Weeks Commencing before 8 Weeks of her Expected Delivery (not at the time delivery as Posted by you)
By the way Employee is covered under ESI?Please revert with details without hiding factual information.
Prior to applying for maternity benefit, a woman needs to work for at least 80 days. If this criteria is fulfilled, then she is entitled to the benefit.
There is no law that she needs to announce her pregnancy at the time of joining, unless her job explicitly demands so. And even in that case, it will be the responsibility of the company to put her through medical test in order to determine her medical condition including pregnancy.
Prior of delivery 80 working days proceeding 12 month. She is entitle leave of maternity. No any revealed prior pregancy on joining time.
Normally on joining the company any incumbant will be asked to undergo certain medical fitness examinations to take up employment. If the system is followed the status of the person will be clear in respect of the dout araised. However, it is not the duty of any woman employee to declare at the time of joining. We cannot treat that she hide the fact. She will be entited for Maternity benefits by all means.
70 days should be 01 or 02 consecutive contribution period after that she will be untitled the benefit of maternity leave 26 weeks. 8 weeks before tale ML an expected delivery date. No mention in any law, will reveal the pregnancy on joining time. After joining should be complete 70 days.
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