Madhu.T.K
Industrial Relations And Labour Laws
Vmlakshminarayanan
Sr.manager - Hr&admin

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This is in reference to a query related to the Maternity leave. Sir , I have a query that , if a female employee is working in an organisation since 10 months on contractual basis & if she is been selected to some other position by qualifying the exam in the same organisation. So, shall her previous job may be counted while applying for maternity leaves.
As per maternity benefit act-2017 an employee should complete minimum 80 days of working to avail the maternity benefits. In new post she has not completed the 80 days but her overall duration within the organisation is 1 year.So shall she be eligible for maternity benefits irrespective of positions.
Kindly clarify my query, I will be really thankful to you
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Hi Deepika,
That female employee is very much eligible for Maternity benefit considering her total period of service. Change of employment role from contract to regular is company's internal and for benefit purpose DOJ has to be considered from very beginning.
The Act does not say that a woman employee who has worked for 80 days will get maternity benefits but the Act says that a woman employee who has worked for 80 days in "12 months preceding the expected date of delivery" is eligible for maternity leave. Therefore, the qualifying service is 12 months and during this 12 months 80 days working. Accordingly a woman employee who has been working in the company for years, say, 5 years, may not be eligible to get maternity benefits if she could not come for work for 80 days during the 12 months immediately preceding the delivery. There are cases wherein woman taking leave right from the second month of pregnancy on leave without pay basis and applying for maternity leave after child birth, with an impression that she has been in service for five years and more. In such case the maternity leave will be rejected saying that during the last 12 months she has not worked.
In order to be eligible for maternity leave the period of service as contractual employee, other than under any outsourcing agency or contractor, will be considered as service.
Madhu Sir has replied aptly, but since she has worked in Contract I hope she must covered under ESI hence the Maternity Benefit will be taken care by ESI
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