One of my colleague at my current organization is facing this issue. She is 4 months pregnant. She joined this organization about 2 months ago. The company is denying her a maternity leave stating that she is not eligible for it as she is on probation. She plans to apply for maternity leave once she completes 8 months. By then her 6 months of probation is complete. When this was pointed out, the HR of the company said that the maternity leave in applicable only for the permanent employees. And according to them, the employee becomes permanent when they complete 6 months probation + 1 year of service.
However nothing like this is mentioned in the HR manual.
The maternity leave is applicable only for 3 months (Against the law which states the leave should be for 6 months)
It is eligible for the employees only if she has completed 180 days in the company in last 12 months. (Again, against the law. The law states that lady employee should have worked for 80 days in last 12 months.)
Kindly suggest the solution.
30th October 2018 From India, Pune
There is nothing like probation period ineligibility for Maternity Leave.
As and when she completes 80 days,she can apply for ML.Then wait and see the reaction of the company.
Denial of leave will be illegal and labour officer can take action against the company.
30th October 2018 From India, Pune
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