Navigating Maternity Leave During Probation: What Are My Rights and Options?

Dear Senior, I joined a private company on May 17th, 2010, and I am currently in my six-month probation period. When I initially joined, I was unaware of my pregnancy. However, I am now pregnant, with a due date of November 24th, 2010. I informed my employer about my pregnancy on August 10th, but he mentioned that due to my probationary status, I am not eligible for maternity benefits under the Maternity Benefit Act.

Application for Maternity Leave Benefits

Could you please advise me on how and when I should apply for maternity leave benefits, whether paid or unpaid? In case it is a paid leave, how much am I entitled to considering my monthly salary is 6,500/-?

ESI Scheme Benefits During Maternity Leave

I am part of the ESI scheme. Will I receive any benefits from ESI during my maternity leave?

Eligibility and Maternity Benefit Act Details

I understand that I need to have worked for at least 80 days in the past 12 months to be eligible for maternity benefits. Though I have not completed 12 months yet, I wish to continue working. Could you provide details regarding the Maternity Benefit Act of 1961, including the relevant sections and subsections, so that I may bring this to the attention of my employer?

Thank you,

Sima Datta

Dear SIMA, you are covered under the ESIC Act. You are eligible for all benefits. Please let me know regarding your previous company. If you continue with the same number, then you are eligible for pay with leave. If not, you are newly covered by ESIC, and you can get leave and treatment from ESI, not pay.

Regards,
SIDMAN

Dear Sima Datta,

You are eligible for maternity benefits. However, I must comment that as an expectant mother, you are not taking due care and precaution for the health and safety of yourself and your child. The normal full term of pregnancy is nine months; accordingly, your doctors have predicted the due date as November 24th, 2010. Given this, on the date of your joining (May 17th, 2010), you must have been three months pregnant! Your statement that, "When I joined I was not confirmed about my pregnancy," if considered true, reflects a lack of care and concern for the health of your baby as well as yourself. During the initial period, doctors advise several precautions and tests as part of "prenatal care." Please take extra care in the future.

Warm regards.

Understanding the Maternity Benefit Act 1961

Please read the Maternity Benefit Act 1961, Section 5 on eligibility.

"No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery."

Maternity Benefits Eligibility Under the Maternity Benefits Act of 1961

As per the Maternity Benefits Act of 1961, Section 5(2), "No woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she claims maternity benefits for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery."

Please let me know if you need any further assistance.

Regards,

Dear pon1965,

Please enlighten us about the amendment in eligibility. This is what I found in Section 5, (2):

"[QUOTE] (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than [eighty days] in the twelve months immediately preceding the date of her expected delivery:

Provided that the qualifying period of [eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

Explanation.- For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages], during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:]

Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:

[Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery, for which she is entitled to the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child.] [UNQUOTE]"

Regards.

Dear All,

Some time back, it was mentioned that government employees get maternity leave of 6 months. Is there any change in maternity leave for private employees?

Regards,

Dear member,

There is no change in the period of maternity benefit (leave) under The Maternity Benefit Act, 1961.

Regards,
R N KHOLA

Dear Ms. Sima Datta,

It is very clear that you are covered under the ESIC Scheme from day one as you are drawing a salary of 6,500/- pm. Now, to become eligible to get maternity benefits under the ESIC scheme, you have to contribute for not less than 70 days up to the date of delivery, which I presume you have already done. You are, therefore, eligible to get maternity benefits under the ESI scheme.

If you are newly covered under the ESI Scheme, then your benefit period will start after 9 months from the date of joining, i.e., WEF 18/2/2011. Since your due date is November 2010, you will not get cash benefits for the 12 weeks of maternity leave from the ESI Corporation, but you will receive treatment from an ESI hospital.

As per ESI regulation 97, when an ESIC covered employee, after contributing 70 days to the ESI Scheme, does not receive cash benefits only because 9 months are not completed, in that case, the employee will only receive cash benefits from the employer under the Maternity Benefit Act 1961 or under any settlement/company rules or practices, whichever is more beneficial. Therefore, in your case, the employer is bound to give you 12 weeks of maternity leave with full salary.

However, before joining this company, if you were working in some other company particularly during the months of Jan/Feb 2010 and were also a member of the ESI scheme, then, in that case, your benefit period starts after 9 months, i.e., in the month of November 10, the due month, and you will receive monetary benefits from the Corporation.

You can submit your application for maternity leave along with an ESIC Panel doctor's certificate whenever you desire to go on maternity leave.

I hope this is clear to you.

Regards,
Anil Khot
Sr. Manager HR

Dear All,

Thank you for providing such valuable information. As an HR professional, I am facing a similar issue with one of my employees in the organization.

Regards,
Shafaq Riaz
HR Executive
FFI, Noida

Ms. Datta, after reading your case, it is quite clear that you are a member of ESIC and not a member of the Maternity Benefit Act. To clarify further, or as a second option, your probation is completing on 17th Nov., so you are eligible for such benefits based on my knowledge. The reason you can't avail of ESIC benefits is that you have to make contributions for up to 180 days. After submitting returns for half a year from the date of joining the organization, you can avail of this benefit.

As you are covered under ESI, you have no need to worry at all. Since you have received a reply from your employer, just send a simple response stating that as you are covered by ESI, you will make the claim for Maternity Benefit there if the Company is not willing to provide it.

With Regards,
[Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy Reasons].

I have just joined a manufacturing organization on 1st Sep 2014. I have been placed on a 6-month probation and will be considered a confirmed employee on 1st Feb 2015. Additionally, I am covered under the medical insurance policy provided by the organization. I would like to know the exact date I should work until to be eligible for maternity leave so that I can plan my pregnancy accordingly.

I also want to inquire whether, in the event that I choose to continue working for 6-8 months (unpaid) post-delivery, the company has the right to request my voluntary resignation. I intend to continue working after a year following the delivery.

Please advise.

Regards, Ana