Maternity Leave During Probation: What Are Your Rights and How to Navigate Them?

Maternity Leave During Probationary Period

In most companies, employees are entitled to maternity leave benefits even during the probationary period. It is essential to check your company's policies and the local labor laws to understand your rights and benefits regarding maternity leave during the probationary period. If you have any specific concerns or questions about maternity leave, it is advisable to consult with your HR department or supervisor for clarification.

Yes, you can avail all the benefits of maternity leave if you have completed 80 days of work in your organization.

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 eighty days in the twelve months immediately preceding the date of her expected delivery.

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

Explanation: For the purpose of calculating under this subsection the days on which a woman has actually worked in the establishment, the days for which she has been laid off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

Note: From 10-01-1989 (the number of working days for women reduced from 160 days to eighty days).

Best Regards Global Overseas - Delhi Office

Mohammad Sajid Ansari 9899775578

You will get maternity leave and maternity bonus even if you are in probation, provided you have worked at least for EIGHTY DAYS (not one hundred and sixty days) during twelve months immediately preceding your expected date of delivery. Therefore, work out your number of days from the date of delivery/expected date of delivery, backward, and find your eligibility.

Regards, Madhu.T.K

Of course, you can get maternity leave during the probation period if you have already worked for 80 days in the organization.

Hi Seniors, please help me out in this case.

Combining Leaves with Maternity Leave

In continuation of maternity leave for extension, can any leave be combined, i.e., sick leave or earned leave? As per the Maternity Leave Act, she applied for the same and it was granted. Now, she wants to apply for earned leaves for 56 days. Please give your opinion.

Regards,
Satish

Dear Madhu,

Please let me know whether the eligibility criteria would be 80 days or the preceding 1 year of service. Can an employer claim that even if the employee has completed 80 days, she has not completed 1 year of service so can't claim maternity benefit under the act? As the act states:

"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."

Regards,
Amit

It is not mandatory that the employee should have worked for one year in order to be eligible to get gratuity, but she should have worked at least for 80 days during a period of 12 months immediately preceding the expected date of delivery.

An employee who joined in 2005 and worked until 2010 but took leave without pay in 2010 for any reasons not connected directly with the company's policy, like LOP to go abroad with her husband, and then comes back and resumes work and is now pregnant WILL NOT GET maternity benefits UNLESS SHE HAS WORKED AT LEAST 80 DAYS during the 12 MONTHS PRECEDING her delivery. This is the significance of the 12 months preceding the expected date of delivery.

Regards,
Madhu.T.K

Except for Casual Leave, every other kind of leave can be combined with maternity leave.

Regards,
PS Dhingra

You can avail of maternity leave as per the law, but the company may choose not to confirm you. It's their choice during probation. In practice, most companies will not confirm an employee on probation who has taken maternity leave.

Dear Satish,

A very good question indeed! However, in that case, the employer doesn't have any discretion to use except to accept the resignation as per the provisions contained in her appointment letter. Needless to emphasize, so far as the Maternity Law is concerned, it is the liability of the employer to observe its provisions.

Thank you, Mr. Dhingra, for your valuable suggestion. In case, after availing all the leaves at the time of resuming duty, if she submits her resignation, what is the procedure for the same?

Regards,
K V Satish Kumar