Dear Sheetal,
Please confirm how many employees work at your company. If the number exceeds ten, then the provisions of the "Maternity Benefit Act" become applicable to your company.
If you have completed 80 days of employment in your company then you are eligible to get maternity leave. Whether your company has designed a policy on maternity leave or does not matter. The act enacted by the union government is supreme and it overrides all the policies or regulation framed or not framed by the business entity.
If you have completed the first trimester then inform your employer of your pregnancy through a formal application. While informing, attach the certificate from a certified gynaecologist. Ensure that the expected date is mentioned in the certificate.
Recently, the Karnataka High Court has ruled that Maternity Benefit Act in 2017, does not classify or qualify a mother to be a government servant, temporary employee, an employee on contract, or employee on daily wages. You may
click here to refer to the post.
Therefore, even if you are not a confirmed employee then it does not matter. You still become eligible if you have completed more than 80 days of employment.
Thanks,
Dinesh Divekar