Leave within probation period - want 3 months' leave due to pregnancy but I joined my company 3 months back

Dear all, Please help me with my leave - I want 3 months' leave due to pregnancy but I joined my company 3 months back so can I get leave for pregnancy.

The Maternity Benefit Act 1961 provides for maternity benefit to a woman who has worked in that establishment for 80 days in the preceding 12 months. So it appears you are entitled to maternity benefit as provided in the Act. In 2017, the Maternity Benefit Act was amended to extend the maternity benefit period to 26 weeks. Out of the 26 weeks, up to eight weeks can be claimed before delivery. However, you have the option to take the entire 26 weeks of leave after the delivery or regulate it.

Leave, if eligible, will be granted during probation period also. But what is to be found out is whether maternity leave is admissible if you have worked for 80 days but not in 12 months. If the intention of the Act (Maternity Benefit Act) is to cover all women employees who have at least 80 days working immediately preceding the date of or expected date of delivery, why there is qualifying words, " in the preceding 12 months"?

In order to be entitled to maternity leave under ESI, the employee has to be under employment for two contribution periods, ie, one year.

In addition to the maternity benefit, one month leave can be availed u/s 10 of the Maternity Benefit Act 1961 if you are suffering from illness arising out of pregnancy. Just send prescription of your doctor to your employer. In the prescription, the doctor has to certify that you are pregnant and are suffering from any illness out of this pregnancy. This leave can be availed any time.

- S.K. Mittal
9319956443