Navigating Job Changes During Pregnancy: Will I Qualify for Maternity Benefits?

Respected Sir/Madam,

I am 5 months pregnant and currently working for a company that is 2 hours away from my place, taking a total of nearly 4.5 hours of traveling. I want to cut down on my commuting time and have found a job closer to my place. However, I am concerned about whether I would be considered for the position if the employer becomes aware of my pregnancy. Are there any policies that would prevent me from joining? Or are there any policies that would work in my favor?

Secondly, if I were to join this new company in September 2012, with my due date for delivery being in December 2012, would I be eligible for maternity benefits?

As per the Maternity Benefit Act of 1961, "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 12 weeks [eighty days] in the twelve months immediately preceding the date of her expected delivery."

Thank you for your valuable response. So, if I join the company in September 2012 and go on leave in December 2012, which means I have worked for more than 90 days, then am I entitled to get Maternity Benefits, right?

My Suggestion: Don't leave your current job. You are playing around with dates, which are not in your hands but in God's alone.

You may apply for "Early rest" with a request for "due to excessive traveling, which is not medically advisable under your condition." You may go on "Leave without Pay" and later claim leave and pay as per the Maternity Benefit Act.

Follow the link: MATERNITY BENEFITS IN INDIA - A GLANCE - Others Articles - Law, Lawyers, Advocates, Law Firms, Legal Help, Legal Experts, Judgements, Law Help, Indian Lawyers

I don't know what your work type is, but see if you can work from home and support yourself and the company's business.

Wish you all the best.

Regards,
Ukmitra

Job Change Considerations During Pregnancy

Anju and Mitra have rightly suggested that leaving the current job is not the right decision. You cannot legally claim the maternal benefits, and companies tend to avoid recruiting candidates who do not wish to take risks. They prefer to invest in individuals who may benefit them in the near future.

Many times, even if you are selected in interviews, companies do not immediately onboard you, resulting in a loss of days that could affect benefits entitlement. There is a higher likelihood that companies might delay your appointment if they believe you are a candidate they cannot afford to miss out on recruiting.

In simple terms, there are very few supporting opportunities and circumstances that you could explore by switching jobs.