Maternity Benifit - Maternity Benefit [Thread 538993]

Hello Sir,
I am working in a automobile industry, joined 3rd Aug 2015 as a HR Executive. I am on prohibitoin period till 6 month. my expected delivery date is 24th March 2016.
I am eligible for Maternity leave & benifit in prohibition period also.
Please confirm.
Rgds,
Savita

1. Dear member, I think, the words mentioned by you as "prohibition period" may be "probation period". Hope, you will indicate correctly.
2. Further in order to be entitled for maternity benefit Act under the Maternity Benefit Act, 1961, the classification of woman employee i.e. whether casual, temporary, on probation or regular etc. etc. have no relevancy. The only relevant fact is that the woman employee should be entitled for such benefit as mentioned in section 5(2) of said Act. The eligibility conditions under this section lays down that the woman must have worked not less than "eighty days in the twelve months immediately preceding the date of her expected delivery". Please see the provisions of said Act and rules framed thereunder.
3. Separate eligibility conditions are laid down under ESI Act, 1948 and rules/regulations framed thereunder.

From facts and dates mentioned,you will be eligible for maternity benefits.
Being on probation as other learned members have pointed out will not make a difference.

As on date you have not yet become eligible for the leave. However it is expected that you'll become eligible before 24th March 2016, by the time in the normal course your 6 months probation period also would be over. However, I'm not sure some companies follow a practice of extending the probation period if and when the probationer avail leave during the initial probation period. Check this and if it is so get the advice of your HR or seniors what to do in the circumstances. My suggestion is defer the leave as much as possible and attend to your duties and try to clear the probation period before availing you ML.