Hi, I have joined on 19th Jan 2022, and on probation for six months. I am expecting, and my due date is in the first week of Sep 2022.
Please confirm that for my maternity leave I would be paid or not.

In My HR Told Iam not avail paid leave


From India, Chennai
Industrial Relations And Labour Laws


For availing maternity leave probation is not an issue. As per law you can get it provided you have worked at least for 80 days immediately preceding the expected date of delivery. However, the employer may say that the Act says that " a woman employee is entitled to get maternity benefits if she has worked for 80 days 'during 12 months' preceding the expected date of deliver". That means there should be 12 months service and during this 12 months the employee should have worked at least for 80 days. If you say that 80 days only is required, then what is the significance of "12 months" in the Act. This needs to be addressed before deciding whether you are entitled to maternity leave or not.
From India, Kannur

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