Navigating Maternity Leave and Employment Status: How Should HR Handle This Situation?

Query Regarding Maternity and Employment Status

I work for an IT company, and we have an employee who is eight months pregnant and currently in her maternity period. She joined us in May 2016. According to our HR manual, her probation period will end in the mid-week of November, and her delivery is due in the mid-week of December 2016.

We conduct performance reviews every three months during the probation period (i.e., six months after joining). Unfortunately, her rating on the performance sheet is below average. HR has informed her halfway through the probation period, in a very polite manner considering her pregnancy, to improve her performance. However, she hasn't shown improvement.

After reviewing her performance, she was asked to resign, but she will still be entitled to maternity benefits under our health insurance plan. The company will support her in every way possible but cannot provide her with a confirmation letter of employment due to her below-average performance. Management made this decision solely based on her performance.

However, she has applied for three months of maternity leave. Kindly provide your valuable insights on how HR should proceed in these types of situations.

Eligibility for ESI Maternity Benefits

Is she eligible for ESI maternity benefits if she is still in her probation period? Apart from this, the company is providing her maternity coverage.

Please provide your suggestions.

Regards

Management's Role in Employee Benefits

Everything depends on management. If management allows her to receive benefits, then she will receive them without confirmation. She needs to write to management one week before confirmation for a medical leave of one and a half months. She will get ESIC benefits provided the management signs Form 37 when needed, and her Aadhar/bank details are seeded in her E-pahchan card (TIC).

After the delivery, she can submit her resignation, or if the management wishes, they can keep the resignation in advance without a date.

If management accepts her leave application, she does not have to resign on the exact date and can do so after her leave. Discuss the matter with the employer; most of the time, HR/Employer are helpful.

Please confirm whether the female employee you mentioned in this thread is covered under the ESI Act, 1948. Also, for how long has she contributed, or has the employer deposited her contribution?

Eligibility for Maternity Benefits

Labour laws providing maternity benefits to female employees do not require regular or permanent employment for eligibility. A woman employee, even if under probation, is entitled to maternity benefits if she has completed the minimum period of employment in the unit. This entitlement can be either from ESIC (based on the minimum contributory conditions as laid down in the ESI (Central) Rules, 1950) or from the employer, in the case of the applicability of the Maternity Benefit Act, 1961, provided the minimum employment period condition has been met by the claimant. Please refer to the mentioned Acts to confirm the eligibility conditions.

As per your post, she joined in May 2016. If she completes 80 days of attendance in your company from the expected date of delivery, then she is eligible for maternity benefits as per the Act. (Also, she is eligible for ESI Maternity benefits)

Thanks for all your valuable suggestions. We haven't accepted her leave request for Maternity leave. Although she has applied for leave via email.

I want to ask one more thing. The company is liable to pay her salary for up to 3 months. Can you provide more information on this matter?

Granting or refusing maternity leave is solely at the discretion of the employer. However, the employer can choose to accept the leave request "without pay." Benefits that she can claim from ESIC.