Understanding Maternity Leave Eligibility: Does Less Than a Year of Service Affect Benefits?

Dear all,

Is any employee eligible for maternity leave with salary if she has not completed one year of employment but is a confirmed employee? What does clause 5 of the Maternity Act mean: "No woman shall be entitled to maternity benefits unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than 16 eighty days in the twelve months immediately preceding the date of her expected delivery."

Please explain and guide.

Regards,
Kajal

She will be eligible for maternity benefit if she has worked for 80 days immediately preceding the date of delivery in the preceding 12 months.

Take this test case:
Date of delivery: 13-Nov-07
80 days immediately preceding the date of delivery: 25-Aug-07
If she was an employee on 25-Aug-07, she is eligible for maternity benefit.

Preceding 12 months means 12 months immediately before the date of delivery. In the test case, the 12th month will start in Nov '07, and the 1st month will be Dec '06. Therefore, if in these 12 months she has joined anytime before 25-Aug-07, she is eligible for maternity benefit.

If she has joined at any time prior to Dec '07, then there is no doubt, and she will be eligible for maternity benefit.

Regards,
Nilendra

Hi, any permanent employee has rights to paid maternity leave as per labor law. The duration of work should not be less than 90 days (i.e., 3 months). These days are inclusive of Saturday and Sunday. The period of leave will be 3 months, and the person can avail all benefits during this period.

Hi,

All female employees, whether regular or on a contract basis, who have worked for 80 days preceding the date of delivery, are eligible for maternity leave of 6 weeks before and 6 weeks after the delivery as per the Act.

Regards,
Sree

Hello, friends. I need urgent advice from you. I am a doctor working in one of the Delhi government hospitals on an ad-hoc basis. My contract is for 89 days and is renewed after a one-day break. I have been working in the hospital since 31st October 2008, and my contract has been renewed twice. The latest extension is until 26th July 2009. I am pregnant, and my expected delivery date is 25th July 2009. Am I eligible for maternity benefit leave under the Maternity Benefit Act 1961? My last working day is on 26th July 2009 according to the current extension order. I want to avail maternity leave from 25th June 2009 (at this date, I will have been working for this hospital for approximately 8 months in the preceding 12 months). Is it possible? If I am eligible, how will it be materialized? Currently, the administration provides maternity paid leave to ad-hoc employees only if their due date falls within their extension period. For example, a nurse recently delivered a baby with two months left in her current extension period, so she was granted two months of paid leave, after which she will have to return to work. In my case, my due date is 25th July 2009, and my last working day is on 26th July 2009. According to the administration, I won't be eligible for any leave. In such a scenario, what should I do? Please guide me as I urgently need your help and advice. I would be very grateful. Thank you in anticipation.

Hi,

By law, you would be entitled to maternity leave. You should make an application to them for the date you would want the leave (i.e., not more than 6 weeks before delivery and the balance of 6 weeks after the delivery date). This, I say because you have completed 80 days before your delivery date rule. The extension they are suggesting is also wrong.

Regards,
Abe

PS: All the best.

Hi,

Who is eligible for maternity leave? Individuals who have completed 80 days before the delivery or have worked 160 days in the past 12 months.

Kindly advise me on this.