Is an employee, who’s been working on probation for 3 years in an ICSE school entitled for 26 weeks of maternity leave? Kindly provide the supporting documents.
From India, Amritsar
From India, Amritsar
For entitlement of maternity benefits and any other benefits under any labour enactment, probation is not an issue. For eligibility for maternity benefits what is important is that 80 days' working in 12 months immediately preceding the date of or expected date of delivery. Since you have been in service for the last 3 years, you will get 26 weeks' leave even though you are under probation. It is surprising that an school can keep an employee (I believe a teacher) under probation for such a long years!! The management of the school should be so clever that they would be thinking that a probationer is not an employee and a probationer cannot demand for the rights conferred to him/ her under the law. Wrong. I also believe that this school should not have provided employees on probation with PF and other statutory benefits also. Anyway, it is wrong. It is true that an employer can employ an employee under probation but it is unfair to keep as probationer for such a long period.
From India, Kannur
3892From India, Kannur
Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf