Maternity Benefits for New Employees: Are Probationary Women Eligible for Leave and Pay?

Hi Seniors,

I want to know whether the applicability of maternity benefits to a female employee is relevant to her service in the organization. Suppose a woman has recently joined 3 months back and is under probation, would she be eligible to receive maternity benefits?

Also, please let me know if for a female employee not covered under ESI, maternity leave encashment has to be given based on the basic salary or gross salary.

Regards,
Ravi.

Under the Maternity Benefit Act, a minimum of 160 days of work during the 12 months preceding the EXPECTED DATE OF DELIVERY is required. Therefore, a probationer can avail it provided she completes 160 days of work before the delivery date.

The benefit of 12 weeks leave with pay means receiving a salary that includes Dearness Allowance (DA) as well.

Regards,
Madhu.T.K

A woman employee is eligible for maternity benefits under the Maternity Benefits Act if she has worked for not less than 160 days in the 12 months immediately preceding the date of delivery. Therefore, a newcomer will have time up to the date of delivery to make up for the days worked. If she satisfies the 160 days of work before the date of delivery, she will be eligible for benefits, which include 12 weeks of leave with pay. The wages for this include Basic + DA.

There are a number of posts on the same matter. Please also search for them.

Regards,
Madhu.T.K