Am I Eligible for Maternity Leave in an Autonomous Body Despite Completing 80 Days?

I have joined an autonomous body as Assistant Director on 07.04.16. I am expecting my second baby on 03.10.16. I had applied for maternity leave on 17.08.16 (planning to avail the leaves from 26.09.16). Before 07.04.16, I was working in a PSU bank as Senior Manager for the last six years. On 12.09.16, I had completed 159 days in my current organization.

However, our HR department replied that as per the service rules of the organization (autonomous body), a woman employee must complete 9 months of employment to get maternity leave. According to the Maternity Act, a woman can get maternity leave if she completes 80 days, but our HR Department declined this. Please advise whether I am eligible for maternity leave or not.

You have not disclosed the name of the so-called "autonomous body." Which service rules or labor laws are applicable in this body? Is the body working under a particular State Government or Central Government?

In addition, please clarify in your appointment letter whether there is any mention of which service rules and labor laws will be applicable to your service in the said body. There are numerous autonomous bodies known as Corporations, Boards, etc., which follow either Central or State Government service/labor law rules or their own rules and regulations approved by competent authorities in accordance with their enactments.

An autonomous body is not excluded from the applicability of the Maternity Benefit Act, and I don't believe any autonomous body may have fewer than 10 employees. If you have an HR department, it indicates that you definitely have more than 10 employees. Therefore, the Maternity Benefit Act is applicable to your autonomous body, and you are entitled to maternity benefits as per the said Act. Your autonomous body cannot impose any conditions to qualify for the benefit that may be detrimental to your rights.

Thank you.