Confused About Maternity Leave Eligibility After 90 Days? Need Clarification!

Hi, I joined my current company on December 5, 2016. After one month, I was confirmed to be pregnant. My expected delivery date is September 3, 2017. Now, I have almost completed 90 working days in the current company. When I inquired about maternity benefits, HR informed me that I am not eligible for paid leave as I have not completed one year of service in the company. They mentioned that I can take leave, but it would be without pay (LOP).

Eligibility for Maternity Benefits

According to the Act of 1961, it states, "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery."

I would appreciate it if someone could provide me with the right information.

Ask your HR to get guidelines from a consultant or any seniors. The Act states (as you have posted above): "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery." Since you have already worked for/completed 90 days of service, you are eligible for maternity benefit as per the Act.

You are eligible for maternity benefits under the Maternity Benefit Act, 1961. During July 2017 (8 weeks before the expected date of delivery), submit a Medical Certificate by a Registered Medical Practitioner mentioning the expected date of delivery. Until then, do not worry. Update us about developments for further appropriate courses of action. Meanwhile, take care of your health and focus on your job.

You are entitled to the benefit since you have already worked for more than 80 days. Simply apply in the prescribed form and keep an acknowledgment of submission of the application/form for your future reference. Your job is done. Let the HR refuse your application in writing.

Ok, thank you for all your comments and guidelines. I will obtain a certificate from the doctor and submit the maternity forms to HR. I will update the status soon. Thank you so much.

Regards,
Ananthi Devi Kasivel

Maternity Leave Laws

Maternity leave laws are essential in any legal framework to protect the rights of women employees. These rights include pay, compassion, and certain privileges for the pregnant employee from the employer. The Act also includes the education of women employees on their maternity benefits and rights at the workplace. The maternity policy varies from one company to another, so one needs to inquire with their respective HR department for details. Some organizations provide facilities for their women employees to work from home or arrange for a daycare facility on office premises for their employees.

Applicability of the Maternity Act

This Act applies to:
- Every factory, mine, or plantation (including those belonging to the Government)
- An establishment engaged in the exhibition of equestrian, acrobatic, and other performances, irrespective of the number of employees
- Every shop or establishment where 10 or more persons are working on any day of the preceding 12 months.

Eligibility for Maternity Leave

A woman is eligible to claim maternity benefits under the following conditions:
- Women employed in any establishment, whether directly or through any agency, are eligible to claim maternity benefits.
- The employee should have worked for her employer for at least 80 days in the last 12 months.
- A woman could request her employer to assign her light work to avail of maternity benefits. This request should be made at least 10 weeks before her expected delivery date.
- The woman should produce a certificate 10 weeks before her delivery to the employer confirming her pregnancy.
- The employee needs to give written notice to the employer 7 weeks before her delivery date regarding her absence period.

Benefits of Maternity Leave

- Employees are entitled to get paid while they are on maternity leave.
- The compensation is calculated on her average daily earnings over a 3-month period as soon as the leave begins.
- The Act states that up to 10 weeks before the date of delivery, no pregnant employee should be given difficult tasks that may affect both mother and child.
- The employee has the right to a crèche facility when she returns to her job after maternity leave if an establishment has more than 50 employees.
- Maternity leave is available for mothers adopting a newborn (less than three months old), and the duration is 12 weeks from the date of adoption. There is no provision for the adoption of older children.