Am I Eligible for Maternity Leave While on Probation in the Automobile Industry?

Hello Sir,

I am working in an automobile industry and joined on 3rd August 2015 as an HR Executive. I am on a probation period until 6 months. My expected delivery date is 24th March 2016.

I am eligible for maternity leave and benefits during the probation period as well. Please confirm.

Regards,
Savita

1. I think the words mentioned by you as "prohibition period" may be "probation period." I hope you will indicate correctly.

2. Maternity Benefits Eligibility

Further, in order to be entitled to maternity benefits under the Maternity Benefit Act, 1961, the classification of a woman employee, whether casual, temporary, on probation, or regular, has no relevance. The only relevant fact is that the woman employee should be entitled to such benefits as mentioned in section 5(2) of the said Act. The eligibility conditions under this section stipulate that the woman must have worked not less than "eighty days in the twelve months immediately preceding the date of her expected delivery." Please refer to the provisions of the said Act and the rules framed thereunder.

3. Eligibility Under the ESI Act

Separate eligibility conditions are laid down under the ESI Act, 1948, and the rules/regulations framed thereunder.

From the 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 of today, you have not yet become eligible for leave. However, it is expected that you'll become eligible before the 24th of March 2016, by which time, in the normal course, your 6-month probation period will also be over. I'm not certain if some companies follow a practice of extending the probation period if the probationer takes leave during the initial probation period. Please check this, and if so, seek advice from your HR or seniors on what to do in such circumstances. My suggestion is to defer your leave as much as possible, attend to your duties, and try to complete the probation period before taking your maternity leave.