Pregnant and Needing Leave: Am I Entitled to Salary During My 3-Month Absence?

I am Abi. I am working in a plastic molding company. Last year, on May 5th, I joined the company as a junior HR Executive. From the first month itself, PF and ESI were deducted from my salary. However, they informed me that I am not eligible for SL, CL, EL for up to 1 year.

Now, I am 2 months and 15 days pregnant. Due to my health condition, I need to take a 3-month leave. Am I eligible for salary during this leave? If I am eligible, but the company does not provide it, what action should I take?

Dear Ms. Abi, it seems that you are working in a factory. If that is the case, you are entitled to annual leave with wages starting from the second year of service, based on your attendance in the first year. Additionally, if you have completed 80 days of service in the preceding 12 months, you are entitled to 26 weeks of maternity leave. This applies if the establishment is a factory, regardless of the number of employees, or if it is a shop or another establishment with 10 or more employees.

To proceed, kindly formally inform your management about your pregnancy with a medical certificate. You can take 8 weeks of leave before the expected delivery date and the remaining weeks after. It is important to note that the employer cannot terminate the services of a pregnant employee at any stage of her pregnancy for any reason.

In case your management refuses to grant you the leave, you have the right to lodge a complaint with the Inspector under the Maternity Benefit Act, 1961, in the area where your establishment is located.

Thank you.