Pregnant and Confused: Can I Get Maternity Leave Without a Year at My Job?

I have been working in the private sector for 7 months, and after 6 months, they confirmed my employment. I am currently 7 months pregnant. Initially, they informed me that I would be entitled to maternity leave. However, now they are saying that since I have not completed a year with the company, I am not eligible for it. Is this true?

Hi,

I joined a private organization on 7th Jan 2015. My due date is 25th Oct 2015. Am I eligible for maternity leave?

As per the current law, you are eligible for maternity leave. You don't have to complete one year in the company. You are eligible if you have worked for at least 80 days in the last 12 months.

Dear member,

A similar type of subject was discussed in this forum earlier, in which experts/seniors have expressed their opinions. The online link for the same is mentioned as follows:
https://www.citehr.com/532111-maternity-leave.html

I hope you will find the relevant information from the thread mentioned above and also from the threads referenced therein.

You are eligible for a maternity leave of 90 days (Pre & Post pregnancy). If you wish to extend the period, you may adjust your leave against the existing leave balance, if any. Additionally, you are entitled to full pay for 90 days. The act recommends the employer to pay Rs. 3200 as maternity bonus. May God bless you and your child for a safe and healthy delivery.

With Best Regards,
Devi Balaji

Certainly! Here is the revised text with the spelling, grammar, and formatting corrected:

"Ya, but if they completely refuse to pay me or if now they say that it will be paid after you deliver a baby. Is there any law against this?"

I hope this helps clarify the message. Let me know if you need further assistance.

Dear members, I would like to request Devi Balaji to kindly advise me under which section(s) of the Maternity Benefit Act, 1961, or any other currently applicable law, the following information, as mentioned by said member, is laid down:

(a) "Eligible for a maternity leave of 90 days"
(b) "The employer to pay Rs. 3200 as maternity bonus".

As far as I understand, both pieces of information appear to be incorrect. I hope that I may be able to update my knowledge if I receive information on the above two points.

Regards

My top management is refusing to give maternity paid leave. They say your leave will go for 6 months, and they have to hire another employee, which is not affordable for them. They are forcing me to resign and are saying that they will pay me one month's salary. How can I trust them for this as well? They may deny. How can I get my rights? Whom shall I approach? If I go through a lawyer, people say nothing happens and I will lose much more money. Please guide me.

Dear,

As per the Maternity Benefit Act of 1961, an employee should work for 80 days in the organization to be eligible for maternity leave for 12 weeks - 6 weeks before delivery and 6 weeks after delivery, along with maternity bonus. An employer cannot refuse to provide maternity benefits to an employee.

Thanks,
Santosh

Dear Mr. Mehta,

Recently, we were audited by an external HR agency who advised us to pay Rs. 3,200 as Maternity Bonus. Therefore, I confirmed that.

We follow a system of 12 weeks - 6 weeks before pregnancy and 6 weeks after pregnancy. Hence, we are paying salary for 90 days (3 months) for the employee in addition to granting 12 weeks of leave.

Please correct me if I am wrong.

Thanks,
Devi Balaji

As per the Maternity Act, there is no such rule for women employees that requires them to complete 90 days out of 180 days to be entitled to receive every benefit from the employer. She just has to serve a notice to the employer.

Maternity Benefit Entitlement

As per the law: "Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit."

So, I think now the employer should not deny giving you leave benefits under this Act. You can also seek legal advice.

Maternity Benefit Act, 1961 - Section 5(2)

Please see Section 5(2) of the Maternity Benefit Act, 1961, which reads as follows:

"(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 eighty days in the twelve months immediately preceding the date of her expected delivery."

The only exception to the condition laid down above is "a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration."

Regards

As per the law, you are eligible for maternity leave. Going through a lawyer is expensive and, in the end, counterproductive because of time, efforts, cost, and the fact that your career thereafter gets affected. No employer wants an employee who has gone to court.

You can show them the law and tell them that you are willing to resign, but they should pay 12 weeks of maternity leave. If they agree, good. If not, you need to decide how much you want to invest in a fight. If they are giving you a month's salary as notice pay, why are you worried about them not paying? Do they have a habit of bluffing or going back on their words?

You must also remember that any stress that comes during this time is bad for the health of you and your child. So, you need to weigh the economic parameters and health and decide if you can afford to just walk off with a notice period and look for a fresh job later.

Hi! I have read all of your questions and answers, but I personally feel there is still a significant lack of exchange of information between both sides of questioning and answering. For example, what if the employer still doesn't agree or recognize what the employees are saying? What should be done in case of forced termination from the employer's side? What steps need to be taken, what procedures need to be followed, etc.

Would you like to discuss this further or explore potential solutions?

If the employer refuses to do what the law requires him to do, then the only option the employee has is to complain to the labor commissioner of the area about the same. The labor commissioner would then inquire into the matter and enforce the law. He may also file a case with the court if the employer still does not follow the rules.

Hi All,

I am working in an IT company as HR, and my employer/management wants to include a clause in the offer letter stating that employees will be eligible for maternity benefits after two years. If an employee becomes pregnant before this period, they are required to resign voluntarily. Is this legal? What else can I do? Please suggest.

Regards,
Meenakshi

Dear member,

I believe your employer should be aware that any contract or agreement executed or made in contravention of any law in force is void ab initio and holds no validity in law.

As far as I understand, in this citeHR, we discuss legal and lawful ways regarding eligibility and claims of various benefits under different laws.

I am working in a private organization for the last two and a half years, and my expected delivery date is in December 2019. My salary does not come under ESIC benefits. My current company does not have any paid maternity leave system. Can I avail the benefit of paid maternity leave?