Maternity Leave Dilemma: How to Calculate Benefits for a New Employee on Probation?

Dear All,

In our organization, a female employee joined in November 2023, and she has informed us that her expected date of delivery is in June 2023. Please suggest when to count her working days and her maternity benefits. She is currently on probation.

Can we demand her resignation?

Hi Sonveersingh-Bhati,

It seems there might be a mistake in the dates you provided, as the expected date of delivery is mentioned in the past (June 2023). Assuming the correct information is that the female employee joined in November 2023 and has an expected date of delivery in June 2024, I'll provide guidance based on that.

Since the employee is on probation and has informed about her expected date of delivery, it's essential to consider the applicable laws and company policies regarding maternity leave. Maternity leave entitlements and benefits can vary widely depending on the jurisdiction and company policies.

In many cases, maternity leave is counted from a few weeks before the expected date of delivery and may extend for several weeks after childbirth. It's crucial to check your organization's maternity leave policy and the legal requirements in your jurisdiction.

Review Company Policies

Check your company's HR or personnel policies to understand the specific provisions for maternity leave. Companies often have guidelines on when employees can start their maternity leave and how long it can last.

Communicate with the Employee

Discuss the situation with the employee to understand her preferences and any specific needs she may have during this time. Clarify the company's policies and procedures regarding maternity leave.

Documentation

Ensure that the employee provides the necessary documentation, such as a medical certificate confirming the expected date of delivery. This documentation is often required to initiate maternity leave and related benefits.

Probationary Period

Understand how the probationary period might impact maternity leave benefits. In some cases, probationary employees may have limited access to certain benefits.

Legal Compliance

Ensure that your organization complies with relevant labor laws and regulations regarding maternity leave. This includes understanding the minimum duration of maternity leave required by law.

Record Keeping

Keep accurate records of the employee's working days, attendance, and any leave taken. This documentation is important for HR and payroll purposes.

Inform Other Departments

Communicate the employee's maternity leave plans to relevant departments, such as HR, payroll, and the employee's immediate supervisor, to ensure a smooth transition during her absence.

Given the complexity and variability of maternity leave policies, it's advisable to consult with your HR department or legal counsel to ensure compliance with applicable laws and to address the specific circumstances of the employee in question.

Thanks

Hi, An employee joined in the month of November 2023, and the expected date of delivery is in June 2023. I assume it is June 2024.

Please note that, as per the Maternity Benefit Act, female employees are eligible for maternity benefits if they have worked with their employer for at least 80 days in the 12 months preceding the date of their expected delivery. So, please check the actual date of joining and the expected date of delivery.

The female employee is not eligible for maternity leave as she does not meet the criteria of having worked for at least 80 days.

Inform the lady that the company can't extend the maternity leave since she is not fulfilling the eligibility criteria. Since the lady is on probation, wait until she completes her probation period successfully; otherwise, she would face termination.