Navigating Maternity Benefits: What Are the Rules for New Employees on Probation?

Dear all, I have a few queries regarding maternity benefits. An employee joined in September 2021 and has completed 4 months of the probation period and is now pregnant.

Eligibility for Maternity Benefits

1. How many days/months does an employee need to complete after joining to avail of maternity benefits?

2. If the employee has not completed her 6-month probation, is she eligible to avail of maternity benefits?

Employer's Liability During Sabbatical

3. If we ask the probationer to take a sabbatical, finish her maternity leave, and then resume work, is the employer liable to pay her maternity benefits?

Dear Colleague,

Coming to the specifics apart from what the learned member had already briefed:

How many days/months does an employee need to complete after joining to avail maternity benefit?

From the date of joining, only 80 days of completion is required.

Employee has not completed her 6 months probation, is she eligible to avail maternity benefit?

Probation is not a factor as far as maternity benefit is concerned. All types/classes of employees are eligible, whether probationer or otherwise. Hence, a probationer, even without completing 6 months, is eligible if she has completed 80 days from joining.

If we ask the probationer to take a sabbatical, finish her maternity, and everything, and then resume, in that case, is the employer liable to pay her maternity benefit?

The Maternity Benefit Act is a statutory requirement, and YES, you need to pay maternity benefit under the Act/Law.