Is a Woman on Probation Eligible for Maternity Leave After 3 Months of Work?

Dear Friends,

As per the Maternity Benefit Act of 1961, any woman who has worked for at least 80 days is eligible for Maternity Leave. Now, my query is: Can a probationary woman be eligible for Maternity Leave if she has worked for more than 3 months or more?

Thanks in advance for your valuable input.

Regards,
Rahul

As per my knowledge, probationary employees are also included.

Regards,
Shaikh

Thank you, Shaikh, for the support. However, I am expecting some concrete input. I would be grateful if anyone can provide further details. Therefore, I am requesting all of you to contribute.

Regards,
Rahul

As per the ESI Act, there is no distinction between permanent, probationer, or casual coolies. All are treated as Insured Persons (IPs). If she has contributed to ESI for two consecutive periods, she is eligible for maternity benefits. She will receive benefits based on her daily wage rate for 84 days.

If an IP does not need to obtain Form 21 and 23 from the ESI dispensary, she can present a birth certificate and a requisition letter stating that she was on maternity leave in her native place after one month of delivery. You must submit this letter and certificate to the respective branch office. The branch office will then forward it to the SRO to obtain approval. She will automatically receive the benefits. This is possible even if she has not yet registered her card at the respective dispensary.

Regards,
D.D. Narasimhan Consultant