Maternity Leave During Probation: Will I Need to Extend My Probation Period?

Hi, I am a central government employee working in the Northern Railway. I am on a probation period of three years and have completed two and a half years. I have taken maternity leave for six months. Please help me to know whether I need to complete my probation by extending the six-month period or if the maternity leave will count in the probation time.

Your case is related to Central Government Service Rules. Had it been as per the Maternity Benefits Act applicable to private sector companies, you would have received clarifications. In order to qualify for maternity benefits under the said Act, a woman employee needs to work only for 80 days in the 12 months preceding the date of delivery. There is no condition regarding the confirmation of the employee. That means a woman employee who has worked for 80 days will qualify for maternity leave even if she is on probation. This may not be the rule applicable to you. Please check the relevant clause in the service rules.

Some more thoughts on Statutory Maternity Benefit vs. Confirmation of Service in addition to what our friend Mr. Madhu has stated above.

The accrual of all the benefits under the Maternity Benefit Act, 1961, is available to a woman employee who has worked for a minimum of 80 days during the preceding 12-month period prior to the expected day of delivery in the same establishment. Thus, this statutory benefit is available to all women employees subject to the above condition only, irrespective of the status of employment such as permanent, probationer, temporary, casual, or contract labor.

However, in Central and State Government Services, any long leave like E.L. or Maternity Leave availed during the probation period will proportionately extend the period of probation. It is better to refer to the service rules.