Maternity Leave Eligibility: How Long Must a New Employee Work to Qualify?

Hi all, could anyone please let me know what is the minimum duration a female employee has to spend to avail maternity benefits? For example, if a female employee has joined just two months back, is she eligible for maternity leave? If not, what is the minimum tenure required from her date of joining? Please reply promptly.

Regards,
Nirma

Please do a search first in this forum. This topic was discussed briefly two months ago.

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 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 than 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," a lot hinges on this date, including the notice to the employer for maternity benefits.

For example: if a female employee joined on 1st Nov. 2010 and as of 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.

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 of leave for the purpose of maternity.

Trust the matter is clear.

Regards,
M.V. KANNAN

Dear Kannan, Raj has responded to the query in a very detailed manner, correctly explaining the 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 criterion of 80 days of continuous employment in the last 12 months. This, too, has been explained by Raj in a manner that can be easily understood. It is ONLY if an employee works for 80 days in the last 12 months that she becomes entitled to benefits under the Maternity Benefits Act.

Vasant Nair

Hello Mr. Raj, I saw your best answer but still want to know the answer from you for the following:

1. My wife joined the IT company on 26th December 2012.
2. She is in the probation period for six months from joining.
3. The confirmation date for her is 25th June 2013.
4. Let's say her expected delivery date is the 5th of July 2013.
5. She wants to go on maternity leave from 10th June 2013 for the next three months.

Is she eligible for Paid Maternity Leave as per government rule, Section 5: "not less than 80 days preceding the 12 months of the expected delivery date"?

Looking forward to your response.