Starting a New Job: When Can I Qualify for 6-Month Paid Maternity Leave?

Lipika Dey
Hi, I am about to join the organization on 1st August 2022. How long is required to work to get a 6-month paid maternity leave? By when can I avail of paid 6-month maternity leave? A suggestion of a date would help to understand better. Please explain in detail.

Thanks
Madhu.T.K
I think you should first join the organization and then decide. You cannot join an organization expecting the leaves to which you will be eligible.

Maternity Benefits Eligibility

What the law states is that a woman employee should have worked at least for 80 days during the twelve months preceding the date of delivery in order to be entitled to get maternity benefits like 6 months/26 weeks leave and a medical bonus of Rs 3500.

Employer's Interpretation

If the employer interprets that "during the 12 months" immediately preceding the date of delivery should mean that she should have worked for 12 months and in these twelve months she should have 80 days attendance, what will you do? The interpretation of the employer cannot be rejected fully. This is because section 5(2) of the Maternity Benefits Act says that "No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery." If an employee who has worked for 80 days is to be given 26 weeks leave, what is the significance of 'during 12 months' immediately preceding the date of or expected date of delivery?

ESI Act Eligibility

In the case of a woman employee who is covered by the ESI Act, the eligibility is more clearly defined and a woman who has worked at least for 70 days in two consecutive contribution periods of six months each only shall get the benefits. Here, 2 contribution periods, i.e., 12 months, is mandatory.
varsha-tayde
Can anyone guide me about ML applicability? Is it mandatory to give ML benefits to female employees who are on a probation period, or is there any minimum tenure requirement for getting ML benefits?
KK!HR
The woman employee should have worked for 80 days in the preceding 12 months to be eligible for Maternity Leave, as per the current amended law in effect.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute