Can I Take 3 Months' Maternity Leave After Just Joining My Company? Need Advice!

Dear all, please help me with my leave—I want 3 months' leave due to pregnancy. However, I joined my company 3 months ago. Can I get leave for pregnancy?

Maternity Benefits Under the Maternity Benefit Act 1961

The Maternity Benefit Act 1961 provides for maternity benefits to a woman who has worked in an establishment for 80 days in the preceding 12 months. So, it appears you are entitled to maternity benefits as provided in the Act.

Amendments to the Maternity Benefit Act in 2017

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.

Eligibility for Leave During Probation

Leave, if eligible, will be granted during the probation period as well. However, what needs to be determined is whether maternity leave is admissible if you have worked for 80 days but not within 12 months. If the intention of the Maternity Benefit Act is to cover all women employees who have at least 80 days of work immediately preceding the date of delivery or the expected date of delivery, why are there qualifying words, "in the preceding 12 months"?

Maternity Leave Under ESI

In order to qualify for maternity leave under ESI, the employee must be employed for two contribution periods, i.e., one year.

Additional Leave Under Maternity Benefit Act

In addition to the maternity benefit, one month of leave can be availed under Section 10 of the Maternity Benefit Act, 1961, if you are suffering from an illness arising out of pregnancy. Just send the prescription from your doctor to your employer. The prescription should include certification from the doctor stating that you are pregnant and are suffering from an illness related to this pregnancy. This leave can be taken at any time.

- S.K. Mittal
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