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

dolcie-koli
Dear all,

I have a few queries regarding maternity benefits. Employee joined in September 2021 and she has completed 4months of probation period and now she is pregnant.

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

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

3. If we ask the probationer to take sabbatical, finish her maternity and everything & then resume in that case is the employer liable to pay her maternity benefit.
Babu Alexander
Please refer to the discussion in this forum >https://www.citehr.com/582519-eligibility-under-maternity-benefit-act-1961-pdf.html#post2350016<
HARSH VARDHAN
(1) 80 DAYS AFTER JOINING

(2) YES

(3) YES

Correct me if I'm wrong.

Regards
Harsh
drsivaglobalhr
Dear Colleague,

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

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

From date of joining 80 days completion is only required.

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

Probation is not a factor as far as Maternity Benefit is concerned. All types / class of employees are eligible whether probationer or otherwise. Hence Probationer even without completing 6 months is eligible if she completed 80 days from joining

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

Maternity Benefit Act is a Statutory Requirement and YES you need to pay maternity benefit under the ACT/ LAW
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