Navigating Maternity Benefits: How to Handle a New Employee's Pregnancy Disclosure?

Hi all,

Can you please suggest on the following scenario?

A female employee joined us four months ago, and she did not inform us that she is pregnant. Now she is completing 6 months of pregnancy.

Is she eligible for maternity benefits? If yes, what is the specific duration? If not, for how long will she get maternity leave without benefits?

Yes, she is. Because she has worked for a continuous period of 80 days in 12 months immediately preceding the date of her expected delivery (if not covered under the Employees' State Insurance Act).

26 weeks maternity leave and rest to follow as per Maternity Benefit Act and state-specific rules.

First of all, you have not mentioned if the lady is covered under ESI or not. If she is covered under ESI, she will be protected by the ESI Act, where she will be marked on ESI leave in attendance and will receive benefits from the ESI Corporation, provided she has completed at least 80 days of service.

In the event that she does not fall under ESI, then the rules that apply to the organization covering female employees will be made applicable.

As per the latest Government of India bill passed in parliament, a woman will be entitled to 26 weeks of maternity leave.

Thanks