No Tags Found!


Karthika Rajan
Dear Experts, I joined my New Org on 1st Nov 2023. At that time, I did not know that I was pregnant, btw. My EDD is 5th Jul 2024.
As per the MB Act, an employee should've worked for a minimum of 80 days in the last 12 months.
Now my HR is saying that I will not be eligible for Paid leave as I need to work for 80 days before intimating officially about my pregnancy.

By seeing many threads in CiteHR, Experts saying that 80days is before EDD only, but my HR is saying a different thing and is telling me this is the Act and I'm wrong
Kindly explain the said 80 days is immediately preceding EDD or after joining the organization

Thanks,

From India, Chennai
raghunath_bv
149

Hi Karthika,
Maternity benefits are governed by labour laws and employment regulations. In some cases, there may be eligibility criteria such as a minimum duration of employment or a certain number of days worked in the preceding months. The specific details can vary depending the laws applicable to your employment.

If your HR department is stating that you are not eligible for paid leave because you did not work for the required minimum days before officially informing them of your pregnancy, it would be advisable to review your employment contract, company policies, and relevant labour laws . If you believe that you should be entitled to maternity benefits, you may want to discuss the matter with your HR department and seek clarification on the specific policy and its interpretation.

If you encounter difficulties or disagreements with your employer regarding maternity benefits, you may consider seeking legal advice to understand your rights and options. Labour laws and regulations can vary, and legal professionals can provide guidance based on the specific circumstances of your case and that this information is general in nature and not a substitute for legal advice tailored to your situation.

Thanks,

From India, Bangalore
Madhu.T.K
4193

Your HR is wrong but there should be 80 days working in twelve months' service. This is what I interpret the Maternity Benefits Act. The Act says there should be 80 days in the "twelve months immediately preceding the date of her expected delivery". Therefore, the first question is whether you have 12 months service immediately preceding the date of delivery and if the answer is Yes, then the second question will come, do you have 80 days of working? In your case, you will not come under the first condition and I don't think that you will be eligible to get maternity benefits.
From India, Kannur
Karthika Rajan
But my HR saying we're inline with MB ACT Amd 2017 only, and their concern is not about completing an year but about intimating about pregnancy. Is the Act saying that women employees must have worked 80days prior to inform HR about pregnancy?
From India, Chennai
raghunath_bv
149

Dear Karthika,

It seems like there might be a misunderstanding or confusion regarding the specific regulations related to maternity benefits and pregnancy notification under the Maternity Benefit Act of 2017 in India.

Maternity Leave Duration:
The Maternity Benefit Act, 2017, provides for a maternity leave of 26 weeks for eligible women employees.

Notification of Pregnancy:
While the Act doesn't explicitly specify the exact timing for informing the employer about the pregnancy, it is generally advisable for the employee to provide notice as soon as possible. This helps the employer make necessary arrangements for the temporary absence of the employee.

Continuous Service Requirement:
To be eligible for maternity benefits, the employee should have worked for the employer for at least 80 days in the 12 months immediately preceding the expected date of delivery.
Additionally, the interpretation and implementation of labour laws can also vary, so it's recommended to consult the latest version of the Maternity Benefit Act or seek legal advice to understand the specific details applicable to your situation.

If your HR department has a specific interpretation or concern, it's advisable to discuss the matter directly with them or seek clarification from a legal professional familiar with labour laws. They can provide guidance based on the most recent legal provisions and ensure that your rights and entitlements are being addressed appropriately.

Thanks

From India, Bangalore
Madhu.T.K
4193

No. The number of days working is 80 days (in the 12 months immediately preceding) the expected date of delivery and not preceding the date of informing that she is pregnant. The amendment made to the Act 2017 is all about the number of days for leave and the basic things remain the same. Earlier it was 12 weeks and by amendment it was made 26 weeks. And there are a few additions, like leave to some one who adopts child etc. The eligibility remains the same, ie, 80 days service in 12 months time.
From India, Kannur
PRABHAT RANJAN MOHANTY
581

Dear Friend,
In current caledar year you are not eligible for any paid leave. To eligible for paid leave in 2024 you need to put 40 days of working in 2023 and proportionate earned leave will get in 1st Jan'2024.
To eligible for MB benefit you need to have complete 80 days of working prior to pregnancy.
In present scenario you are not eligible for MB benefits and earned leave too. I suggest you better concentrate for a healthy baby and safe delivery, ignoring all these things. Don't go by hearsay or anything because you are not eligible for MB as per the settled law in force.

From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.





Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2024 CiteHR

All Copyright And Trademarks in Posts Held By Respective Owners.