Starting a New Job While Pregnant: Can I Get Maternity Leave? Seeking Advice

Currently, I am working in an IT company, and I have received an offer from another company with a joining date of July 5, 2017. My Estimated Delivery date is September 26, 2017. So, am I eligible for Maternity leave with the new organization? If not, is there any possibility to avail of it? Could anyone clarify this?

Dear Sravani,

As per the new amendment in the Maternity Benefit Act 2017, the employer has to inform the benefits under the MB Act in writing in the appointment letter and electronically as well. To avail of these benefits, the employee has to work at least 80 days from the expected delivery date in the preceding calendar year.

If you come under ESIC, then benefits will be received from ESIC and not under the MB Act. You need to inform your employer as per the prescribed format using Form 1 to avail of the benefits.

Since you will not complete the mandatory 80 days of service, you will not be entitled to the benefit.

Sravani,

Why would the new company accept liability for 6 months of maternity leave pay when you have only completed 2 1/2 months of service?

You need to inform your new organization about your expected delivery before joining; otherwise, you will lose maternity benefits from both employers. Your current employer will gladly release you and save 6 months' salary once you submit your resignation.

You need to make a decision.

Regards, Suresh

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

Now, please confirm the following for me:

1. If I join on 5th July 2017, then my number of days in the organization will be 27 + 31 + 25, including all weekends and EL also (as the expected date is 26th September 2017).

2. Although the EDD is 26th Sep 2017, in case I deliver before that, I am not able to serve 80 days even if they provide LOP. In this scenario, what is the solution?

Please clarify the above two issues and also suggest whether I should join now or wait for some time and try again after ML.

Thank you.

Sravani,

I would recommend that you look for another job only after the delivery. In IT, keeping the position vacant for 6 months is not possible, and no company will do that. Pray to God for a smooth and safe delivery and then look for a job. Since you have relevant experience in the IT industry, opportunities will come in the future as well.

Best Regards,
Suresh

Dear,

As per the scenario, I do not think you will complete 80 days. It totally depends on whether the company will provide you with the same or not.

As far as I think, you should take care of your health and talk to the organization to reach a win-win situation.