Navigating Maternity Leave: How to Handle Leave and Pay for Employees Post-Probation?

I am working as an HR Executive in Mangalore. One of our employees joined on 25th November 2013. She was on a probation period for 6 months. Since her delivery date is on 1st October 2014, she has been on leave from 1st September 2014 and likely until 31st December 2014. Could you please guide me on whether she is eligible for maternity leave as she has just completed her probation period? If so, for how many days is she eligible for maternity leave? Also, please advise on the duration for which payment can be made to her while on leave and the salary amount to be paid. Is it the full one-month salary or a partial salary amount? Your guidance on this matter would be greatly appreciated.

Regards,
Shwetha Mangalore

Yes, the female employee is eligible for Maternity Benefit. The leave for Maternity Benefit is for 12 weeks, i.e., 84 days—6 weeks before the expected date of delivery and 6 weeks after delivery. She is entitled to a full salary and not a partial one. Please refer to the Maternity Benefit Act, which will help in understanding the details better.

Yes, she is. To avail of the Maternity Benefit, one has to complete 80 days. She has already completed her 80 days, so she can now receive the benefit.

Regards,
Dinesh Kumar

She gets the full maternity benefit as she has completed 80 days of working before the maternity leave. Also, the act does not differentiate between probation and permanent employees. There is no partial payment in the maternity act. Therefore, she is entitled to the entire benefit. Please download the Maternity Benefit Act for documentary proof.

Regards,
Ashutosh Thakre