Is a Pregnant Employee on Probation Eligible for Maternity Leave? Seeking Clarity

I work in the HR department for a private company. I would like to know if a female employee who has completed only 2 months out of a 6-month probation and is on leave for nearly 3 months due to pregnancy-related health issues is eligible for maternity leave and benefits. I have referred to the Act of 1961 but have not been able to find a direct solution to my query. I would be glad to receive more clarity on this matter.

Thanks very much,

Regards,
Nithyac

An employee should always complete 80 working days/calendar days under the Maternity Benefit Act 1961. Maternity leave is not a simple leave; it's a benefit provided where the female employee can avail it. However, the point "on leave for nearly 3 months due to pregnancy-related health issues" suggests that she may go for LOP (Leave of Absence).

As per the rules, since she is on probation, if you do not confirm her at the end of the probation process or give an extension of probation, then she is terminated and has no claim on the job. The Maternity Benefit Act does not say you have to disregard all other rules.

If she is no longer an employee, then the rest of the requirements do not apply. However, you need to make sure you are documenting properly and that you are terminating the employment because she has not worked properly and not because she is pregnant (that is not allowed).

I have another query. How is maternity leave extension generally treated? How many months of extension (after 3 months of ML) are permissible and need to be paid? Additionally, is the employee eligible for usual benefits like meal passes during the extension period?

Regards, Nithya