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Hi,I am a central govt employee working in northern railway.I am on a probation period of three years and have completed two and a half years.i have taken maternity leave for 6 months.please help me to know whether i need to complete my probation by extending six months period or the maternity leave will count in the probation time.
From India, Lucknow
Labour Law & Hr Consultant
Seasoned Ir Professional


Your case is related to Central Government Service Rules. Had it been as per Maternity Benefits Act as applicable to private sector companies, you would have got clarifications. In order to get qualified for maternity benefits under the said Act, a woman employee need to work only for 80 days in the 12 months preceding the date of delivery. There is no condition regarding confirmation of the employee. That means a woman employee who has worked for 80 days will qualify for maternity leaves even if she is on probation. This may not be the rule applicable to you. Please check the relevant clause in the service rules.
From India, Kannur

Some more thoughts on Statutory Maternity Benefit vs. Confirmation of the service of the employee concerned in addition to what our friend Mr.Madhu has stated above.
The accrual of all the benefits under the Maternity Benefit Act,1961 is available to a woman employee who has worked for a minimum of 80 days during the preceeding 12 months period prior to the expected day of delivery in the same establishment. Thus this statutory Benefit is available to all the women employees subject to the above condition only irrespective of status of employment such as permanent, probationer, temporary, casual or contract labor.
However, in Central and State Government Services, any long leave like E.L, Maternity Leave availed during the probation period will proportionately extend the period of probation. It is better to refer to the service rules.

From India, Salem
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