Am I Really Not Eligible for Maternity Benefits After Less Than a Year at My Job?

Hi,

I joined the private sector on 11.12.2015. This is my first job, and I worked in the same organization until 19.07.2016. I received confirmation of my pregnancy in the month I joined, which was 15.12.2015, and I delivered on 20.07.2016. Following that, I took 84 days of leave as per the HR policy. I rejoined on 13.10.2016. The company has informed me that I am not eligible for maternity benefits because I have not completed 12 months with the company. Is this true? Am I not eligible for maternity benefits? Please clarify.

Please refer to the HR Policy and Process Handbook of the company. It will clearly give you the eligibility of leaves.

Please refer to the Maternity Act of 1961. You are eligible for maternity benefits. Every female is entitled to these benefits if she has worked in any organization for 80 days prior to delivery.

Thank you.

The law is very clear in the Maternity Benefit Act. Your organization is covered within this act in section 2(1) if there are more than 10 employees. Under section 5(2), women must have worked for a period of 80 days in the 12 months immediately before the expected date of delivery. Now, you need not work there for 12 months, but you need to work there for 80 days in the 12 months preceding delivery.

Maternity Benefits Under the Maternity Benefit Act of 1961

As per the Maternity Benefit Act of 1961, a woman can receive maternity benefits for 12 weeks due to pregnancy. Of these, six weeks can be taken before the delivery date, and the remaining six weeks can be taken immediately following the delivery.

To be eligible for maternity leave, a woman must have worked for not less than 80 days in the twelve months immediately preceding the expected delivery date. Only working days are considered for this calculation.

In order to take the six weeks of leave before the expected delivery, a written notice must be provided, stating the date of absence from work along with a pregnancy certificate.

So, 80 days, I worked in that organization before I delivered. After delivery on 13.10.2016, I joined, and till now, I am working in the same organization. The HR said that as it has not yet been one year since the date of joining, I am not eligible for benefits. Can you please clarify if I am eligible or not?

Yes, you are eligible. Your HR either does not know the rules or is trying to make a fool of you.