Maternity Leave Dilemma: Can You Get Leave Without a Permanent Appointment?

I just want to know, I am working with an organization that doesn't have any kind of leave policy. If somebody wants to get maternity leave, would it be possible, yet they have not been appointed as a permanent employee? The probation period is over, but still, no appointment letter has been issued. What would be the rules for maternity leave in that case?

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 not does not matter. The act enacted by the union government is supreme and it overrides all the policies or regulations framed or not framed by the business entity.

If you have completed the first trimester, inform your employer of your pregnancy through a formal application. When informing, attach the certificate from a certified gynecologist. Ensure that the expected date is mentioned in the certificate.

Recently, the Karnataka High Court has ruled that the Maternity Benefit Act in 2017 does not classify or qualify a mother to be a government servant, temporary employee, an employee on contract, or an employee on daily wages. You may click here to refer to the post. Therefore, even if you are not a confirmed employee, it does not matter. You still become eligible if you have completed more than 80 days of employment.

Thanks,

Dinesh Divekar

Maternity Benefit as a Statutory Right

Maternity benefit is a statutory right, and the eligible woman employee is entitled to avail the same, irrespective of the leave policy of the employer.

Regards, S. K. Mittal

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Maternity Benefit Act Applicability

The Maternity Benefit Act is applicable to establishments where 10 or more employees are working. An employee is considered eligible after she completes 80 days of work, and her Date of Pregnancy (DOP) should not be prior to these 80 days.

You need to submit an application as soon as possible to your authority, along with a medical certificate that includes the expected date of delivery from your treating doctor.

The rest is left to your employer to act upon your application.