Maternity Leave eligibility - joining a new company

Sravani Karanam
Currently I am working in some IT company and I got an offer with other company with joining date as 5-July-2017. My Estimated Delivery date is 26-Sep-2017. So per the Maternity am I eligible for Maternity leave or not with the new organization? If not is there any possibility to avail that. Cloud any one clarify on this.
sandi_joshi
Dear Sravani,
As per new amendment in Maternity Benefit act 2017, Employer has to inform the benefits under MB Act in written in appointment letter and electronic as well. To avail this benefits employee has to work at least 80 days from the date of expected delivery date in preceding calendar year.
If you comes under ESIC then benefits will get from ESIC not from under MB act. You need to intimate to your employer as per prescribed format under form 1 to avail the benefits.
Shrikant_pra
Since you will not complete mandatory 80 days of service, you will not be entitled to the benefit.
suresh2511
Sravani,
Why the new company will accept liability of 6 months maternity leave pay by your putting hardly 2 1/2 month services?.
You need to communicate your new organisation about your expected delivery before joining, else you will loose MB from both the organisations.
Your present employer will happily release you and save 6 months salary, once you submit your resignation.
You need to take decision.
Regards,
Suresh
Sravani Karanam
Hi sandi/Suresh,

I discussed with the new organization HR about my situation. He told me that they will provide ML on LOP basis. But I asked for a clarification on this as whether they will consider LOP for the shortfall number of days to complete 80 days or they take for whole ML. But the HR is saying that that will be decided by organization by verifying the documents.

Now please conform me below things,

1. if I join on 5th July2017 then my number of days in Organization will be 27+31+25 including all Weekends and El also (as expected date is 26th September 2017).

2. though EDD is 26th Sep2017, in case if I get deliver before that am not able to serve 80 even if they provide LOP also. then in this scenario what is the solution.

Please clarify on the above two issues. and also suggest me the better solution whether to join now or should I wait for some time and try again after Ml?
suresh2511
Sravani,
I would recommend you look for another job only after the delivery. In IT to keep the post vacant for 6 months is not possible and no company will do that.
Pray to God for smooth & safe delivery and look for job thereafter. Since you got relevant experience in IT Industry, opportunities will come in future also.
Best Regards,
Suresh
sandi_joshi
Dear,
As per the scenario, I do not think you will completed 80 days. Its totally depend to company will they provide you the same or not.
As far as i think your should do take care of your health and talk to organization to reach on a win win situation.
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