Rahul Chhabra
Hr Professional
Nathrao
Insolvency N Gst Professional
HRAnjali
Hr Manager

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I joined an organization in June 2018 in Delhi. My probation period was for 4 months. Accordingly, my confirmation was due in October 2018. But my Management put the same on hold.
I am 7 months pregnant. I need to go on Maternity Leave from December/January. Now the company is saying that they won't be confirming me. I can continue with the job as long as I can but they won't be providing me Maternity Leaves as the company is not able to afford the same.
Their policy is that they will provide Maternity Leave to permanent employees only. Second, any employee who completes 160 days of continuous service is eligible for the same.
I will be completing 160 days by 1st week of December. Can I ask the company for Maternity Leave or not?
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Dear Anony,
You are eligible for Maternity leaves and Benefit. In case you are not covered under ESI, serving a minimum of 80 days makes you eligible for maternity benefits. If you are refused the said benefits, you can approach the Labor Inspector for your region.
The other thing i observe here is that you were already pregnant when you joined the current employer. Things would have been much more easier had your informed them of your pregnancy at the time of joining, if not done so.
Regards
Rahul
You are entitled for Maternity leave and attendant benefits.
It is not mandatory to inform of your condition at time of joining.
Whether you are on probation or confirmed, maternity leave is authorised.
Pl take up matter with HR in polite and courteous manner and ask for leave.
Dear Rahul Chhabra,
I was not aware of my pregnancy at the time of joining. I came to know about the same after around 10-15 days of my joining.
I informed my employer in the month of September.
Dear Mr. Nathrao,
Thank you so much for your advice. Will definitely speak to my Senior HR regarding the same.
Maternity leave during probationary period - Service - Labour & Service Law
https://www.citehr.com/578176-matern...on-period.html
Kindly read these threads.
Gen your self on ML and Maternity benefits act before speaking to your HR.
Show that you are aware of the rules ,but be very careful in choice of words and way of conveying your requirement as idea is to convince your superiors.
all the best
Dear Anonymous
Seconding Mr. Nathrao's opinion, I would suggest you to apply at earliest for Maternity Leave with precise date from which you intend to opt, quoting provisions of the Maternity Act and with supporting medical investigations papers. As your organization is inclined to not to extend benefit under the Act, it is advised to apply timely and in proper manner creating evidences, in case they deny or take any step of victimization.
Shailesh Parikh
99 98 97 10 65
Vadodara
Dear Mr. Nath Rao,
Thank you for providing the threads. They were helpful.
Dear Mr. Shailesh Parikh,
Thank you for your suggestion. Will definitely keep the same in mind.
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