Minimum Duration For Availing The Maternity Benefits - Maternity Act

Hi All,
If any one can let me know that what is the minimum duration for any female employee has to spend for availing the maternity benefit. For example if any female employee has joined just two months back is she is applicable for maternity leave. If not what is the minimum tenure from her date of joining. Pls reply fast....
Regards,
Nirma

please do a search first in thios forum, this topic has been discussed briefly two months back

Dear Nirma

Yaasmin is right - "do a search first in this forum";

The question you have posted may look simple; but the applicability in this case may be complex.

For example:

The answer to your query is simple.

Q.1: "if any female employee has joined just two months back is she is applicable for maternity leave. "

The answer is NO.

Q.2: "If not what is the minimum tenure from her date of joining."

The answer is : she must have actually worked for a period of not less then eighty days in the last twelve months.

That's the answer to your queries.

But the matter does not end here; as you have not mentioned "the date of her expected delivery", as a lot hinges on this date; including the notice to employer for maternity benefits.

For example : if a female employee joined on 1st Nov. 2010 and as on today i.e. 1st of Jan 2011, she has only completed 2 months;

However, she will still be eligible for Maternity Benefits, from 21 January onwards; if her expected date of delivery is on 4th March 2011 or thereafter.

I hope you are able to comprehend what is being implied/ stated.

Do revert back, in case you have any doubts.

You asked, "Pls reply fast.... "; I hope the reply is fast enough.

Wish you (and all members) a very Happy New Year !!!

Warm regards.

Dear Nirma,
You have raised two queries Maternity Benefit and Maternity leave.
For availing Maternity benefit Mr.Rajkumar has already replied. By Maternity benefit we mean wages for the period of leave.
For availing Maternity leave there is no qualifying period, she will be entitled to avail 12 weeks leave for the purpose of Maternity.
Trust the matter is clear
M.V.KANNAN

Dear Kannan,

Raj has responed to the query in a very detailed manner, correctly explaining applicability of the Maternity Benefits Act.

Your suggestion that, " For availing Maternity leave there is no qualifying period, she will be entitled to avail 12 weeks leave for the purpose of Maternity"....is not quite right.

There is a qualifying criteria of 80 days of continuous employment in the last 12 months. This too has been explained by Raj in a manner which can so easily be understood.

It is ONLY if an employee works for 80 in the last 12 months that she becomes entitled to benefits under the Maternity Benefits Act.


Vasant Nair

Hello FRNZ
SINCE HERE IS NO LIKE STATUS AS ITS THERE ON SOCIAL SITE
SO I JUS WANT TO LIKE THE REPLYOF MR.RAJ WHO TRIED HIS BEST TO REPLIED PROMPTLY AND FASTLY
AND SHOWS THERE ARE PEOPLE WHO UNDERSTAND PEOPLE PROBLEM.....:)
CHEERS TO HUMANITY......:):)

Dear hr madhu
Thanks for your appreciative words, which sure helps fuels my motivation.
Your suggestion of having "Like" status as in certain social sites, is worth exploring; and I shall forward your suggestion for possible implementation.
Dear Vasant Nair
Thanks for reiterating the facts once again; I hope the matter will now be crystal clear to members.
Warm regards.

Hello Mr. Raj,
I saw your best answer but still wants to know answer from you for below.
1. My wife Joined on 26th December 2012 in IT company.
2. She is in Probation Period till 6 month from joining.
3. 25th June 2013 is confirmation date of her.
4. First week of July, lets say 5th July 2013 is her expected delivery date.
5. She wants to go on maternity leave from 10 June 2013 for next 3 month.
Is she eligible for Paid Maternity Leave as per goverment rule , Section 5 " not less then 80 days preeceding 12 month of expected delivery date".
Waiting for your response.