Confused About Maternity Leave Eligibility? Clarifying the 80-Day Rule and 12-Month Requirement

Nasirqureshi
As per the law, women will not be allowed maternity benefits if they have not completed 80 days in the 12 months preceding the expected delivery date. I need to understand if 12 months of employment is mandatory in the company. If a woman joined 5 months before, will she not be eligible for paid maternity leave? What does it mean by the 12 months preceding the expected delivery date? I have not received a satisfactory answer yet. Please help regarding the ACT 1961 - Section 5. Can you explain it in simple language with a basic example so that anyone can understand?

Thanks in advance.
kprasoon
Eligibility for Maternity Benefits

If the expected date of delivery is today, i.e., 15 April 2013, then the female employee should have worked in that organization for a minimum of 80 days between 15 April 2012 and 14 April 2013.

Hope your query is addressed.

Regards,
Kamal
Nasirqureshi
She joined on 26th December 2012 and has almost completed 110 days in the organization until now, but she is still in the probation period and not confirmed as an employee yet. According to your response, she should have worked 80 days between the first week of July 2012 and the first week of July 2013. Is that correct?

Please correct me if I am mistaken and let me know whether the probation period is considered or not for paid maternity leave.

Regards,
Nasir
kprasoon
Maternity Benefits Act, 1961 Eligibility

She is entitled to receive the benefits under the Maternity Benefits Act, 1961. Training period, probation period, or any such term given by the employer is to be considered for the applicability of the Maternity Benefit Act.

Regards
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute