Maternity Leave Eligibility: Do I Need 80 Days Post-Confirmation or From Joining Date?

I worked in a renowned NGO. My joining date is 19th September 2024. Currently, I am on a 6-month probation period. I will get the confirmation of employment after completing the 6-month probation. My Expected Delivery Date (EDD) is between the 15th to 21st of June 2025.

Maternity Leave Eligibility

Do I need to follow the 80-day criteria after confirmation to get maternity leave, or will HR consider these 80 days from my joining date?

Informing HR About Maternity Leave

When should I inform HR about maternity leave?

Dear, if your NGO is covered under the Maternity Benefit Act, then in our opinion, HR will consider the date of your joining for the 80 days of working as per the Act.

Regards,
R N KHOLA

As per the Maternity Benefit Act, 1961, the eligibility criteria for maternity leave include the requirement that the employee must have worked for at least 80 days in the 12 months immediately preceding the date of delivery (EDD).

Key Points Relevant to Your Situation:

80-Day Rule: The 80 days include all days you have been employed, regardless of whether you are on probation, confirmed, or permanent. The probation period is considered part of employment; hence, days worked during probation are counted toward the 80-day requirement.

Joining Date and EDD: Your joining date: 19th September 2024. EDD: Between 15th and 21st June 2025. By your EDD, you would have completed approximately 9 months of service (including probation), which is well over 80 days.

Confirmation of Employment: Confirmation is an internal process and does not impact your eligibility for maternity leave under the law. As long as you meet the 80 days of work in the 12 months before the EDD, you are eligible.

The 80-day criteria will be calculated from your joining date (19th September 2024), not from the date of confirmation. Since you will have already worked far more than 80 days by June 2025, you will be eligible for maternity leave as per the Maternity Benefit Act, 1961.

If your HR raises any questions, you can highlight that the Act considers all days of employment, including those during probation, for calculating the 80-day requirement.

Probation and Maternity Benefits

Probation or confirmation has nothing to do with eligibility for maternity benefits as per the Maternity Benefit Act.