I just want to know, I am working with an organization that didn't have any kind of leave policy, if somebody wants to get maternity leave would it be possible. Yet they have not appointed as a permanent employee. The probation period is over still no appointment letter. What would be the rules for maternity in that case?
From India, Delhi
Dear Sheetal,
Please confirm how many employees work at your company. If the number exceeds ten, then the provisions of the "Maternity Benefit Act" become applicable to your company.
If you have completed 80 days of employment in your company then you are eligible to get maternity leave. Whether your company has designed a policy on maternity leave or does not matter. The act enacted by the union government is supreme and it overrides all the policies or regulation framed or not framed by the business entity.
If you have completed the first trimester then inform your employer of your pregnancy through a formal application. While informing, attach the certificate from a certified gynaecologist. Ensure that the expected date is mentioned in the certificate.
Recently, the Karnataka High Court has ruled that Maternity Benefit Act in 2017, does not classify or qualify a mother to be a government servant, temporary employee, an employee on contract, or employee on daily wages. You may click here to refer to the post.
Therefore, even if you are not a confirmed employee then it does not matter. You still become eligible if you have completed more than 80 days of employment.
Thanks,
Dinesh Divekar

From India, Bangalore
Maternity benefit is a statutory right and the eligible woman employee is entitled to avail the same, irrespective of leave policy of the employer. S. K. Mittal 9319956443
From India, Faridabad
Dear Sheetal,
The maternity benefit act is applicable to an establishment where 10 or more employees are working. The employee is considered to be eligible after she completes 80 days of working and her DOP should not be prior to 80 days of working.
You need to make an application as soon as possible to your authority along with the medical certificate mentioned with expected date of delivery from your treating doctor.
The rest is remained with your employer to act upon your application.

From India, Mumbai

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