Navigating Maternity Leave: What Are My Options During Probation Without ESI?

Hi,

I would like to know if there is any compensation benefit for female employees who go on maternity leave, other than ESI benefit, especially during the probation period. I joined as an HR Executive in a private concern when I was three months pregnant, serving as a Probationer for six months. After five months from the date of joining, I gave birth to my child. I was not covered under ESI and did not qualify for the company's Mediclaim Maternity Benefit. Consequently, I did not receive any compensation from the company during my probation period, leading to three months of unpaid leave.

During the same period, another employee received her monthly salary each month from the company during her maternity leave because she was a permanent employee not covered by ESI or Mediclaim.

Could you please provide me with details on maternity benefits?

Thanks and regards,
Priya

There is hardly any reference to 'permanent' in labor laws. A temporary employee is one who is employed to work on a job which is temporary, like whitewashing a building. What makes an employee permanent is the number of days worked in the preceding year. One who works for 240 days (above the ground) or 190 days (below the ground) is supposed to have 'continuity' of service and is eligible for leave with wages, termination notice, discharge pay, etc.

Under the Maternity Benefit Act, a woman worker who works for not less than 160 days during a period of 12 months immediately preceding the date of delivery is eligible for benefits. What you have to find out is whether you worked for 160 days or not. If you have 160 days of work to your credit, you can ask for maternity benefits; otherwise, you cannot.

Regards, Madhu.T.K

Thank you.

My Date of Joining was 28th June 06, and the delivery date was on 15th Dec 06. I worked for only 152 days, including Sundays and Company Holidays. Apart from that, I was on Casual Leave for 12 days and on Loss of Pay for 8 days before delivery. Am I eligible to claim Maternity benefit?

Regards,
Priya

I understand that you joined on 28th June 06 and the date of delivery was 15th Dec 06. During this period, you have worked for 152 days + 12 days leave with pay (any paid leave, leave due to employment injury, lay off days, legal strike days will be counted as days 'worked' for the purpose of calculation of days worked under any labor Act, including the Maternity Benefit Act). Therefore, you are eligible for maternity benefits. It is a long-pending case. Are the dates not 28th June 2007 and 15th Dec 2007? I hope you had submitted a request/notice for maternity benefits under Section 6 of the Maternity Benefit Act.

Regards,

Madhu.T.K

Hi Madhu,

Thanks for the input. Regarding notice to the company, I had given oral information to my manager on the very first day of my joining. I had also submitted a leave letter for maternity before going on leave. At that time, I had no idea about the Maternity Benefit Act. Only recently, I am spending more time to learn about various acts. My manager told me that I am not entitled to any benefit from the company since I am still in the probation period. So, I had no choice but to accept it. Now I feel I have missed my benefit due. Is there any way that I can claim that amount now?

Regards, Priya

There are two ways out. First, to ignore it completely and second is to file a request to grant the benefit retrospectively before the employer, quoting subsection 6 of section 6 under which the benefit cannot be denied just for not furnishing notice of pregnancy. The employer will drag the matter, and there will be so many bad consequences following it. If you are bold enough to fight, you can try for a chance. Otherwise, drop it.

Regards, Madhu.T.K

Hi, my wife is working in a central school (government employee). She joined in November 2009. So, I want to ask whether she can take maternity leave in her third month. She is on probation. We decided to take two months of leave in advance and four months later on. Could you suggest the right way?

The maternity leave rules for government employees are different. To understand them, please refer to the service rules, not the Maternity Benefit Act.

One more thing to note is that this thread was initiated in early 2008. The Act has since been amended, and now the eligibility for maternity leave is 80 days of working (not 160 days as stated in my previous post) during the 12 months immediately before the expected date of delivery.

Madhu.T.K