MB benefit - not be eligible for Paid leave as I need to work for 80 days before intimating officially about my pregnancy

Dear Experts,

I joined my new organization on 1st Nov 2023. At that time, I did not know that I was pregnant. My EDD is 5th Jul 2024. As per the Maternity Benefit Act, an employee should have worked for a minimum of 80 days in the last 12 months. Now, my HR is saying that I will not be eligible for paid leave as I need to work for 80 days before officially informing about my pregnancy.

Despite reading many threads on CiteHR where experts mention that the 80 days should be before the EDD only, my HR is stating otherwise. They claim that this is what the Act says and that I am mistaken. Could you kindly clarify whether the 80 days refer to the period immediately preceding the EDD or after joining the organization?

Thank you.

Hi Karthika,

Maternity benefits are governed by labor laws and employment regulations. In some cases, there may be eligibility criteria such as a minimum duration of employment or a certain number of days worked in the preceding months. The specific details can vary depending on the laws applicable to your employment.

If your HR department is stating that you are not eligible for paid leave because you did not work for the required minimum days before officially informing them of your pregnancy, it would be advisable to review your employment contract, company policies, and relevant labor laws. If you believe that you should be entitled to maternity benefits, you may want to discuss the matter with your HR department and seek clarification on the specific policy and its interpretation.

If you encounter difficulties or disagreements with your employer regarding maternity benefits, you may consider seeking legal advice to understand your rights and options. Labor laws and regulations can vary, and legal professionals can provide guidance based on the specific circumstances of your case. This information is general in nature and not a substitute for legal advice tailored to your situation.

Thanks,

Your HR is wrong in stating that there should be 80 days of working in twelve months of service. This is my interpretation of the Maternity Benefits Act. The Act specifies that there should be 80 days in the "twelve months immediately preceding the date of her expected delivery."

Therefore, the first question is whether you have completed 12 months of service immediately preceding the date of delivery. If the answer is yes, then the second question arises: do you have 80 days of working within that period?

In your case, it seems that you do not meet the first condition, and thus, I do not believe you will be eligible to receive maternity benefits.

But my HR is saying we're in line with the MB Act Amendment 2017 only, and their concern is not about completing a year but about intimating about pregnancy. Does the Act state that women employees must have worked 80 days prior to informing HR about pregnancy?

Dear Karthika,

It seems like there might be a misunderstanding or confusion regarding the specific regulations related to maternity benefits and pregnancy notification under the Maternity Benefit Act of 2017 in India.

Maternity Leave Duration:

The Maternity Benefit Act, 2017, provides for a maternity leave of 26 weeks for eligible women employees.

Notification of Pregnancy:

While the Act doesn't explicitly specify the exact timing for informing the employer about the pregnancy, it is generally advisable for the employee to provide notice as soon as possible. This helps the employer make necessary arrangements for the temporary absence of the employee.

Continuous Service Requirement:

To be eligible for maternity benefits, the employee should have worked for the employer for at least 80 days in the 12 months immediately preceding the expected date of delivery. Additionally, the interpretation and implementation of labor laws can also vary, so it's recommended to consult the latest version of the Maternity Benefit Act or seek legal advice to understand the specific details applicable to your situation.

If your HR department has a specific interpretation or concern, it's advisable to discuss the matter directly with them or seek clarification from a legal professional familiar with labor laws. They can provide guidance based on the most recent legal provisions and ensure that your rights and entitlements are being addressed appropriately.

Thanks

Maternity Leave Eligibility Criteria

No. The number of days worked is 80 days in the 12 months immediately preceding the expected date of delivery, not preceding the date of informing that she is pregnant. The amendment made to the Act in 2017 is all about the number of days for leave, and the basic things remain the same. Earlier, it was 12 weeks, and by amendment, it was extended to 26 weeks. There are a few additions, such as leave for someone who adopts a child, etc. The eligibility criteria remain the same, i.e., 80 days of service in a 12-month period.

Dear Friend,

In the current calendar year, you are not eligible for any paid leave. To be eligible for paid leave in 2024, you need to work for 40 days in 2023, and proportionate earned leave will be granted on 1st January 2024.

To be eligible for maternity benefits, you must have completed 80 days of work before pregnancy.

In the present scenario, you are not eligible for maternity benefits and earned leave as well. I suggest you focus on having a healthy baby and a safe delivery, disregarding these matters. Do not rely on hearsay or anything else because you are not entitled to maternity benefits according to the established law in effect.