Facing Maternity Leave Denial: Can I Still Request Leave Despite Pending Confirmation?

Employment and Maternity Leave Concerns

I joined an organization in June 2018 in Delhi. My probation period was for 4 months, and accordingly, my confirmation was due in October 2018. However, my management put the confirmation on hold.

I am 7 months pregnant and need to go on maternity leave starting in December or January. Now, the company is saying that they won't be confirming me. I can continue with the job as long as I can, but they won't be providing me maternity leave because the company claims it cannot afford it. Their policy states that they will provide maternity leave only to permanent employees. Additionally, any employee who completes 160 days of continuous service is eligible for maternity leave.

I will be completing 160 days by the first week of December. Can I ask the company for maternity leave or not?

You are eligible for maternity leave and benefits. In case you are not covered under ESI, serving a minimum of 80 days makes you eligible for maternity benefits. If you are refused the said benefits, you can approach the Labor Inspector for your region.

The other thing I observe here is that you were already pregnant when you joined the current employer. Things would have been much easier had you informed them of your pregnancy at the time of joining, if not done so.

Regards, Rahul

You are entitled to maternity leave and attendant benefits. It is not mandatory to inform of your condition at the time of joining. Whether you are on probation or confirmed, maternity leave is authorized. Please take up the matter with HR in a polite and courteous manner and ask for leave.

Dear Rahul Chhabra, I was not aware of my pregnancy at the time of joining. I came to know about the same after around 10-15 days of my joining. I informed my employer in the month of September.

http://www.lawyersclubindia.com/foru...riod-76574.asp
https://www.citehr.com/578176-matern...on-period.html

Kindly read these threads. Get yourself familiar with Maternity Leave (ML) and the Maternity Benefits Act before discussing it with your HR. Show that you are knowledgeable about the rules, but be cautious in how you communicate your requirements, as the goal is to persuade your superiors. All the best.

Dear Anonymous,

Seconding Mr. Nathrao's opinion, I would suggest you apply at the earliest for Maternity Leave with a precise date from which you intend to opt, quoting provisions of the Maternity Act and with supporting medical investigation papers. As your organization is inclined not to extend benefits under the Act, it is advised to apply timely and in a proper manner, creating evidence in case they deny or take any steps of victimization.

Shailesh Parikh
99 98 97 10 65
Vadodara