Maternity Leave Dilemma: Can New Hires Who Conceal Pregnancy Still Qualify?

If a female employee is two months pregnant at the time of joining and hides this information, will she be eligible for maternity leave at the time of her delivery.

There is no legal obligation on the part of the female employee to reveal her pregnancy status at the time of joining. She is well within her rights to disclose her pregnancy when she deems it appropriate. Consequently, she is fully entitled to maternity benefits, and denying her these benefits could lead to appropriate and severe penalties under the new regulations.

Please let me know if you need further assistance or information.

Dear Goyalji, How did you come to the conclusion that at the time of joining your establishment, the Honourable Woman Employee was already 2 months pregnant, and she did not reveal the same to you? What systems have you put in place to disclose pregnancy by the women employees at the time of joining your establishment? Do you have a system of sending an employee to a company-empaneled medical doctor for a medical examination? Does the job for which the woman employee was hired require her not to be pregnant? Please put proper systems in place to avoid such situations.

Please note that she will be eligible for maternity benefits at 26 weeks commencing before 8 weeks of her expected delivery (not at the time of delivery as posted by you).

By the way, is the employee covered under ESI? Please revert with details without hiding factual information.

Prior to applying for maternity benefits, a woman needs to work for at least 80 days. If this criterion is fulfilled, then she is entitled to the benefit.

There is no law that she needs to announce her pregnancy at the time of joining unless her job explicitly demands it. Even in that case, it will be the responsibility of the company to put her through a medical test to determine her medical condition, including pregnancy.

Prior to delivery, 80 working days preceding the 12th month, she is entitled to maternity leave. There was no pregnancy revealed prior to joining.

Normally, upon joining the company, any incumbent will be asked to undergo certain medical fitness examinations to take up employment. If the system is followed, the status of the person will be clear in respect of the doubt raised. However, it is not the duty of any woman employee to declare at the time of joining. We cannot treat it as if she is hiding the fact. She will be entitled to maternity benefits by all means.

70 days should be 01 or 02 consecutive contribution periods. After that, she will be entitled to the benefit of 26 weeks of maternity leave. 8 weeks before taking maternity leave, an expected delivery date should be provided. There is no requirement in the law to disclose the pregnancy at the time of joining. After joining, she should complete 70 days.