Navigating Maternity Benefits While Pregnant and on Probation: What Are My Rights?

Friends, I joined HDFC Bank on 1st Oct 2013. According to the company policy, I am on probation for 6 months, which means until March 2014. Now, my confirmation has been extended for the next 3 months. I am currently 3 months pregnant. Can you please advise if I am eligible for maternity benefits?

Kindly suggest how I should proceed.

Attribution: [link]https://www.citehr.com/487486-pregna...#ixzz2xCGZdWdZ[/link]

You have not mentioned whether you are in ESI or not. If you are in ESI, you will get maternity benefits under the ESI scheme if your contributions have been paid or are payable for 70 days and your expected date of confinement (EDC) is after 1st July 2014. If you are not under ESI, you will get benefits under the Maternity Benefits Act if you have worked for 80 days before the EDC.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

As I am assuming that you are not covered by ESIC, you fall under the Maternity Benefits Act of 1961.

Eligibility for Maternity Benefits

As per the above-mentioned act, Section 5, "Right to payment of maternity benefit," sub-clause 2, the eligibility to avail the benefits under the said act is that the minimum employment with the organization should be 80 days. Since you mentioned that you are almost completing 6 months, you will become eligible to receive the benefits under the same act, regardless of whether you are on probation or confirmed.

Further Clarity on Section 5, Sub-clause 2

"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 80 days in the twelve months immediately preceding the date of her expected delivery: Provided that the qualifying period of 80 days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of immigration."

Regards,
Tushar Swar

With regards to Maternity Benefits, seniors have advised you aptly. Apart from that, I would like to know the reason for extending the Probation Period for a further 3 months. Please let us know to advise further.

Thank you, Varghese, Tushar, and Saji, I still have a doubt. I have been working since October 2013, and I am planning to take leave, maybe until the end of July 2014. This means my total working days in the bank are around 300 days. Am I eligible for Maternity Benefits? I am covered by ESI, but my confirmation is not yet certain. The confirmation is postponed until June 2014. I would appreciate your suggestions.

Thank you and regards,

Since you are covered under ESI or otherwise, you are eligible for Maternity Benefits even if you are under probation. We would like to know the reason for extending the probation period.

Regards,

That's fine. Concentrate on your work, perform well, don't take undue tension during this period, and lastly, do inform the concerned authority in your bank about your maternity in writing.