Is a Teacher Eligible for Maternity Leave After Just Four Months on the Job?

I am serving as an Administrator in one of the Private Educational Institutes. A newly appointed teacher (who joined the institute four months ago) is pregnant and asking for maternity leave. Kindly guide whether she is eligible for maternity leave since she has not yet completed six months in the institute and has already availed 10 days of casual leave.

She is entitled to maternity leave as per present rules. Has she completed 80 days?

C/L does not matter

Dear Dinesh, this is with reference to your query regarding the entitlement of maternity benefits. No woman shall be entitled to maternity benefits 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.

Days Included for Maternity Benefits

For computing eighty days for maternity benefits, the following days have to be included:

1. Sundays and holidays for which an employee is paid.
2. Period of lay-off or legal strike.
3. Approved leave for which an employee is paid.
4. Absence due to temporary disablement from an accident.

Also, provided that the qualifying period of eighty days aforesaid shall not apply to a woman who has immigrated into the state of Assam and was pregnant at the time of immigration.